Last June we completed a house move in Pontefract. We have since encountered a number of issues with the house which we believe were missed in the conveyancing searches. Is there anything we can do? Can you clarify the nature of searches that should have been carried out as part of conveyancing in Pontefract?
It is not clear from the question as to the nature of the problems and if they are unique to conveyancing in Pontefract. Conveyancing searches and due diligence undertaken as part of the legal transfer of property are designed to help avoid problems. As part of the legal transfer of property, a property owner answers a form known as a SPIF. If the information is incorrect, you could possibly take legal action 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 Pontefract.
When can the exchange of contracts occur in domestic conveyancing in Pontefract and do I need to be at the solicitors office?
If you are local to our conveyancing solicitors in Pontefract you are invited in to sign the paperwork. That being said, the law practices we work with provide countrywide coverage for conveyancing and give as equally comprehensive and professional a job for you when dealing with you digitally. The signing of the property agreement is not the critical part. Signing on the dotted line is just a prerequisite for the conveyancer to address the formalities when the time is right, which will usually be very shortly after signing. The exchange process is is usually a five minute process, although where a lengthy "chain" is in play, since the process requires the relevant party's solicitor (not necessarily a conveyancing solicitor in Pontefract)to be in the office available at the end of the phone to exchange contracts.
What will a local search tell me concerning the house my wife and I purchasing in Pontefract?
Pontefract conveyancing often starts with the submitting local authority searches directly from your local Authority or via a personal search company for example Searches UK The local search is essential in every Pontefract conveyancing purchase; as long as you don’t want any nasty surprises after you move into your new home. The search should supply data on, amongst other things, details on planning applications relevant to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 subject sections.
How does conveyancing in Pontefract differ for newly converted properties?
Most buyers of new build residence in Pontefract come to us having been asked by the housebuilder to sign contracts and commit to the purchase even before the house is completed. This is because new home sellers in Pontefract usually buy 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 Pontefract or who has acted in the same development.
I opted to have a survey carried out on a property in Pontefract prior to appointing solicitors. I have been told that there is a flying freehold element to the house. The surveyor advised that some lenders will not give a loan on this type of home.
It depends who your proposed lender is. HSBC has different requirements from Birmingham Midshires. If you call us we can look into this further with the relevant bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Pontefract. Conveyancing will be smoother if you use a solicitor in Pontefract especially if they are familiar with such properties in Pontefract.