My wife and I have recently acquired a property in Roath. We have noticed several issues with the property which we believe were omitted in the conveyancing searches. What action can we take? What searches should? have been conducted as part of conveyancing in Roath?
It is not clear from the question as what problems have arisen and if they are relate to conveyancing in Roath. Conveyancing searches and investigations initiated as part of the buying process are carried out to help avoid problems. As part of the legal transfer of property, a property owner fills in a questionnaire referred to as a SPIF. answers turns out to be 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 Roath.
Will our conveyancer be asking questions concerning flooding during the conveyancing in Roath.
The risk of flooding is if increasing concern for lawyers specialising in conveyancing in Roath. There are those who acquire a house in Roath, completely aware that at some time, it may suffer from flooding. However, aside from the physical damage, if a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or dispose of the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Lawyers are not best placed to offer advice on flood risk, however there are a various checks that may be initiated by the purchaser or by their conveyancers which can give them a better understanding of the risks in Roath. The conventional set of property information forms sent to a buyer’s lawyer (where the Conveyancing Protocol is adopted) contains a usual question of the owner to discover if the property has suffered from flooding. If the premises has been flooded in past which is not notified by the owner, then a buyer may bring a claim for damages resulting from an misleading response. The buyer’s conveyancers will also order an environmental search. This will higlight whether there is a recorded flood risk. If so, additional investigations should be carried out.
How does conveyancing in Roath differ for newly converted properties?
Most buyers of new build property in Roath contact us having been asked by the seller to exchange contracts and commit to the purchase even before the premises is constructed. This is because house builders in Roath tend to acquire the real estate, 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 accustomed to new build conveyancing in Roath or who has acted in the same development.
What tools are available to search for a Roath solicitor on the HSBC Bank conveyancing panel? I have a car and am prepared to travel upto 20miles to meet the lawyer.
You can use the tool on this website. Please pick a bank and your location and you will see a number of Roath conveyancing lawyers located nearest you. We have listed some Roath conveyancing firms at the bottom of this page and you can telephone them to verify if they are on the HSBC Bank panel
Estate agents have just been given the go-ahead to market my garden apartment in Roath. Conveyancing has not commenced, however I have just had a yearly maintenance charge invoice – what should I do?
The sensible thing to do is discharge the invoice as usual as all ground rent and maintenance invoices should be apportioned on completion, so you should recover the relevant percentage by the buyer for the period running from after the completion date to the subsequent invoice date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.
Roath Conveyancing for Leasehold Flats - A selection of Queries Prior to buying
Is the freehold reversion owned collectively by the leaseholders? It would be wise to discover as much as possible concerning the company managing the building as they can either make your life much easier or uncomfortable. Being a leasehold owner you are often at the mercy of the managing agents from a financial perspective and when it comes to day to day matters such as the cleanliness of the communal areas. Enquire of prospective neighbours whether they are happy with their management. On a final note, be sure you know the dates that the maintenance charges are due to the managing agents and specifically what you get for your money. Is anyone aware of any major works in the near future that will likely increase the service fees?