Last March we completed a house move in Pentwyn. We have noticed several problems with the house which we believe were omitted in the conveyancing searches. What action can we take? Can you clarify the type of searches that should have been ordered for conveyancing in Pentwyn?
The question is vague as to the nature of the problems and if they are specific to conveyancing in Pentwyn. Conveyancing searches and due diligence undertaken as part of the legal transfer of property are designed to help avoid problems. As part of the process, the vendor answers a form called a Seller’s Property Information Form. If the information turns out to be incorrect, you may have a misrepresentation 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 Pentwyn.
We wanted to use a conveyancing solicitor in Pentwyn for our home move. Our broker informed us that our mortgage company TSB won't deal with them. Surely this is unfair competition?
Pre- 2008 most banks had a different appetite for risk. Almost all Pentwyn conveyancing firms would have been on many bank panels. The FSA in 2010 completed a thematic review into mortgage fraud which concluded: mortgage lenders should know the conveyancing solicitors dealt with. Consequently, lenders have regularly sought more information from law firms relating to their operations and the individuals who work for them and set certain criteria such a completing on a minimum volume of conveyancing. Many Pentwyn conveyancing firms that have been excluded from lender panels have a 100% healthy track record, no complaints and no claims and didn't just 'dabble' in conveyancing. Pentwyn is one of the thousands of areas where the conveyancers we list are members of the panel for TSB.
I am close to exchanging contracts on the sale of our house in Pentwyn and according to the buyers it appears that there is a risk of it being built on contaminated land. A high street Pentwyn conveyancer would know this is not the case. It does beg the question why the buyers instructed an online conveyancing outfit rather than a conveyancing solicitor in Pentwyn. We have lived in Pentwyn for 4 years we know of no issue. Should we contact our local Authority to seek clarification that the buyers are looking for.
It sounds as though you may have a conveyancing lawyer already. What do they say? You should enquire of 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 life insurance to cover that same sickness)
I opted to have a survey done on a property in Pentwyn prior to retaining conveyancers. I have been informed that there is a flying freehold overhang to the property. The surveyor has said that some lenders will refuse to give a mortgage on such a premises.
It depends who your proposed lender is. HSBC has different requirements from Halifax. Should you wish to call us we can check via the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Pentwyn. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Pentwyn to see if the conveyancing costs will increase in light of this.
I work for a long established estate agent office in Pentwyn where we see a number of leasehold sales put at risk due to short leases. I have been given contradictory information from local Pentwyn conveyancing solicitors. Could you shed some light as to whether the vendor of a flat can initiate 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 start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the sale.
Alternatively, it may be possible 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.
I purchased a leasehold flat in Pentwyn, conveyancing having been completed October 1999. Can you please calculate a probable premium for a statutory lease extension? Equivalent flats in Pentwyn with an extended lease are worth £195,000. The ground rent is £45 charged once a year. The lease ends on 21st October 2086
With just 64 years unexpired we estimate the price of your lease extension to be between £14,300 and £16,400 as well as costs.
The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you the actual costs in the absence of detailed due diligence. You should not use this information in a Notice of Claim or as an informal offer. There are no doubt additional issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. You should not move forward placing reliance on this information without first seeking the advice of a professional.