Last August we completed a house move in Old Town. We have since encountered a number of problems with the house which we suspect were overlooked in the conveyancing searches. Is there anything we can do? What searches should? have been ordered as part of conveyancing in Old Town?
It is not clear from the question as what problems have arisen and if they are unique to conveyancing in Old Town. Conveyancing searches and investigations undertaken as part of the buying process are designed to help avoid problems. As part of the legal transfer of property, a seller fills in a form referred to as a Seller’s Property Information Form. If the information is inaccurate, you may have a misrepresentation claim against the owner 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 Old Town.
Two weeks ago we had a mortgage agreed in principle with Clydesdale. Old Town conveyancing practitioners are appointed. What is the average time that one could expect to receive a mortgage offer from Clydesdale?
There is no definitive answer here. Have Clydesdale completed the valuation? Have you advised Clydesdale as to your lawyers' details and checked that your lawyers are on the Clydesdale conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.
My fiancee and I are spending time viewing houses in Old Town and I am now considering a potential offer. Is it premature to have a solicitor in place? I will be getting a home loan with Skipton.
It would be wise to start your search sooner rather than later. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and forward their contact information on to the estate agent. As you are taking out a mortgage with Skipton, ask your prospective lawyers if they are on the Skipton conveyancing panel otherwise they can't do the mortgage legal work.
I have decided to exercise my right to buy my property in Old Town off the council. I have a mortgage offer with Nottingham. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Nottingham, you will need to appoint a solicitor on the Nottingham conveyancing panel.
Are there restrictive covenants that are commonly picked up during conveyancing in Old Town?
Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Old Town. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
My husband and I are new on the property ladder - agreed a price, yet the estate agent advised that the owners will only issue a contract if we use the agent's chosen lawyers as they want an ‘expedited deal’. My instinct tells me that we should use a local conveyancer accustomed to conveyancing in Old Town
We suspect that the seller is unaware of this demand. If they desire ‘a quick sale', alienating a motivated purchaser is is going to put the whole deal at risk. Try to communicate with the owners directly and make the point that (a)you are keen to buy (b)you are ready to go, with mortgage lined up © you are chain free (d) you intend to proceed fast (e)however you are going to use your preferred Old Town conveyancing lawyers - not the ones that will give their estate agent a referral fee or achieve conveyancing figures demanded by head office.
What are your top tips when it comes to appointing a Old Town conveyancing firm to carry out our lease extension conveyancing?
When appointing a property lawyer for your lease extension (regardless if they are a Old Town conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We advise that you talk with two or three firms including non Old Town conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. The following questions might be useful:
How experienced is the firm with lease extension legislation? If the firm is not ALEP accredited then why not?
Old Town Leasehold Conveyancing - Examples of Queries Prior to buying
Are any of leasehold owners in arrears of their service charge payments? For most Old Town leaseholds the outlay for major works tend not to be built into the service charges, although some managing agents in Old Town require tenants to contribute towards a sinking fund and this is used to offset against larger repairs or maintenance. It would be a good idea to discover if there is anything that is prohibited in the lease. For instance some leases prohibit pets being allowed in certain buildings in Old Town. If you like the apartmentin Old Town but your cat is not allowed to make the move with you then you will be faced hard decision.