Last May we completed a house move in Otley. We have noticed several issues with the house which we believe were overlooked in the conveyancing searches. What action can we take? Can you clarify the nature of searches that needed to have been carried out for conveyancing in Otley?
It is not clear from the question as to the nature of the problems and if they are unique to conveyancing in Otley. Conveyancing searches and investigations undertaken during the buying process are designed to help avoid problems. As part of the process, a property owner answers a document called a Seller’s Property Information Form. If the information turns out to be incorrect, you may have a misrepresentation claim against the vendor 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 Otley.
I just bought a property at auction in Otley. Conveyancing is needed. What are my next steps?
Having exchanged you will need to appoint a conveyancing lawyer quickly as you are facing a tight deadline in which to complete the property. Every auction property should have an associated auction set of papers. This will include evidence of title and search results. If you have purchased leasehold premises the auction pack should include a copy of the lease, management information and a sellers leasehold information form and associated conveyancing documentation relating to a leasehold property. You must pass this on to the solicitor working for you ASAP. You also need to ensure that your finances are in place to complete the transaction on the set completion date.
I can not work out if my lender requires a lease extension. I have telephoned my Otley bank branch on various occasions and was told they are content with the situation and they will lend. My Otley conveyancing solicitor - who is on the bank conveyancing panel- telephoned to say that they refuse to lend based on their published requirements. Who do I believe?
The lawyer has to comply with the Council of Mortgage Lenders’ Handbook Part 2 requirements for your lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
After shopping around on the internet I have found a Otley conveyancing practitioner having checked that they are on the HSBC conveyancing panel. Does my lawyer arrange the survey of the property?
HSBC will need an independent valuation of the property. Your lawyer will not arrange this. Usually HSBC will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your property lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Otley postcode. As you are getting a mortgage with HSBC, you could contact them to see if they have a list of approved surveyors in Otley.
How does conveyancing in Otley differ for newly converted properties?
Most buyers of new build premises in Otley approach us having been asked by the builder to exchange contracts and commit to the purchase even before the property is built. This is because builders in Otley tend to acquire the land, 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 property lawyers 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 used to new build conveyancing in Otley or who has acted in the same development.
How does the Landlord & Tenant Act 1954 impact my business premises in Otley and how can your lawyers assist?
The 1954 Act provides protection to business lessees, granting the legal entitlement to apply to court for a continuation of occupancy when the lease comes to an end. There are limited grounds that a landlord can refuse a lease renewal and the rules are complex. Fees are different for commercial conveyancing. Otley is one of our many areas of the UK in which the firms we work with are located
My father-in-law has urged me to use his conveyancing solicitors in Otley. Do I take his advice?
Much as we are happy to recommend a Otley conveyancing lawyer the ideal way to choose a conveyancing practitioner is to get recommendations from friends or family who have actually experience in using the solicitor you're contemplating using.