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Recently asked questions about conveyancing in Melton Mowbray

My wife and I have lately bought a house in Melton Mowbray. We have since encountered a number of problems with the house which we consider were overlooked in the conveyancing searches. What action can we take? What searches should? have been conducted as part of conveyancing in Melton Mowbray?

The query is not clear as to the nature of the problems and if they are relate to conveyancing in Melton Mowbray. Conveyancing searches and due diligence undertaken as part of the buying process are carried out to help avoid problems. As part of the legal transfer of property, the vendor fills in a form called a Seller’s Property Information Form. answers turns out to be incorrect, you could possibly take legal action against the seller for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Melton Mowbray.

How does conveyancing in Melton Mowbray differ for new build properties?

Most buyers of new build property in Melton Mowbray come to us having been asked by the seller to exchange contracts and commit to the purchase even before the house is constructed. This is because builders in Melton Mowbray tend to purchase the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Melton Mowbray or who has acted in the same development.

I am looking for a conveyancing solicitor in Melton Mowbray for my purchase. Is it possible to see a firm’s complaints history with the profession’s regulator?

One may find presented Solicitor Regulator Association (SRA) decisions arising from investigations started on or after 1 January 2008. Visit Check a solicitor's record. For details about the period before 1 January 2008, or to check a solicitors history, telephone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For callers outside the UK, call +44 (0)121 329 6800. The regulator could monitor call for training requirements.

I work for a long established estate agency in Melton Mowbray where we have experienced a number of leasehold sales derailed due to short leases. I have been given conflicting advice from local Melton Mowbray conveyancing firms. Can you shed some light as to whether the vendor of a flat can commence the lease extension process for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.

An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

Melton Mowbray Conveyancing for Leasehold Flats - Examples of Queries Prior to buying

    Are any of leasehold owners in dispute over their service charge liability? On the whole the cost for major works are not included within maintenance charges, albeit that a few managing agents in Melton Mowbray require leaseholders to contribute towards a sinking fund created for the specific intention of establishing a fund for major works. It would be prudent to discover as much as possible concerning the company managing the block as they will either make your living at the property much simpler or a lot more difficult. Being a leasehold owner you are often in the clutches of the managing agents from a financial perspective and when it comes to every day matters such as the cleanliness of the common parts. Ask prospective neighbours what they think of their service. On a final note, find out the dates that the service fees are due to the managing agents and precisely what it includes.

The solicitors carrying out our conveyancing in Melton Mowbray has sent documents to review that show the land is unregistered with epitome documents. Is it not the case that all property in Melton Mowbray should be registered?

Whilst most properties in Melton Mowbray are now registered with HMLR there are still some that are unregistered. Any property in Melton Mowbray that has been transferred since the late 1980’s will have been registered at the Land Registry under the compulsory ‘first registration’ scheme. However, if a Melton Mowbray property has not changed hands in that time then it’s likely the old fashioned title deeds will be the only evidence of ownership.Many Melton Mowbray conveyancing solicitors should be capable of dealing with this type of conveyancing but if any uncertainty prevails the prevailing guidance nowadays is for the seller to deal with the registration formalities first and thereafter sell - this will predictably result in a significant delay.

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