Last April we completed a house move in Montpelier. We have noticed several problems with the property which we believe were omitted in the conveyancing searches. Is there anything we can do? Can you clarify the nature of searches that should have been conducted for conveyancing in Montpelier?
The query is vague as what problems have arisen and if they are relate to conveyancing in Montpelier. Conveyancing searches and investigations undertaken during the legal transfer of property are supposed to help avoid problems. As part of the process, the vendor fills in a form called a SPIF. answers is inaccurate, then you may have a claim 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 Montpelier.
As I am unsure how the conveyancing bit works what is the most important piece of guidance you can impart regarding purchase conveyancing in Montpelier?
You may not hear this from too many lawyers but conveyancing in Montpelier and elsewhere in Bristol is an adversarial experience. In other words, when it comes to conveyancing there is plenty of opportunity for conflict between you and others involved in the house moving process. For instance, the vendor, estate agent and sometimes the lender. Appointing a lawyer for your conveyancing in Montpelier should not be taken lightly as your conveyancer is your adviser, and is the ONE person in the process whose interest is to look after your best interests and to keep you safe.
Sometimes a third party with a vested interest may attempt to sway you that it is in your interests to do things their way. For instance, the estate agent may claim to be helping by claiming that your lawyer is slow. Or your financial adviser may tell you to do take action that is contrary to your conveyancers advice. You should always trust your lawyer above all other parties in the home moving process.
My partner and I are intent on selling our property in Montpelier and the buyers lawyers are claiming that there is a risk of it being constructed on contaminated land. Any high street Montpelier lawyer would know this is not the case. It does beg the question why the buyers instructed a web based conveyancing firm rather than a conveyancing solicitor in Montpelier. Having lived in Montpelier for 4 years we know that this is a non issue. Should we get in touch with our local Authority to seek confirmation that the buyers are looking for.
It would appear that you have a conveyancing lawyer already. Are they able to advise? You should check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same ailment)
The estate agent has sent us the confirmation of our purchase of a new build flat in Montpelier. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Here are examples of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Montpelier
There must be mutual enforceability of lessee’s covenants. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Please supply a car parking plan. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose?
Me and my husband accepted an offer on a Montpelier flat left to us 8 years ago in 2011. I have over 15 years conveyancing know-how and, now retired, intend to conduct the conveyancing. The purchaser's lawyer has informed me that their building society will not allow you to do your own conveyancing as they require the funds to be sent to a solicitor's bank account.
Mortgage instructions to lawyers from all CML members state that If the seller is not legally represented the purchaser’s lawyers should check whether the bank needs to be told so that a decision can be reached as to whether they are prepared to proceed.