My brother and I have recently bought a house in Seaham. We have since encountered a number of problems with the property which we believe were missed in the conveyancing searches. Do we have any recourse? Can you clarify the nature of searches that needed to have been carried out for conveyancing in Seaham?
The query is not clear as to the nature of the problems and if they are relate to conveyancing in Seaham. Conveyancing searches and investigations undertaken as part of the legal transfer of property are carried out to help avoid problems. As part of the legal transfer of property, the vendor completes a document called a Seller’s Property Information Form. If the information is incorrect, then you may have a 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 Seaham.
Completed the sale of my flat in Seaham last January but the buyer keeps telephoning daily complaining that her solicitor is waiting to hear from mylawyer. What are the post completion sale formalities now that I have sold?
Following your sale your conveyancer is obliged to forward the transfer documentation and all additional paperwork to the buyer’s conveyancer. If applicable, your lawyer should also send confirmation that the legal charge in favour of the lender has been repaid to the buyers solicitors. There are no post completion tasks peculiar conveyancing in Seaham.
I am helping my sister sell her house in Seaham. Will the conveyancer arrange an EPC or should I organise this?
After the abolition of HIPs, EPC’s remained a compulsory part of selling a house. An energy performance certificate should be to hand in advance of the property being put on the market. This is not a task that lawyers normally organise. If you are instructing a Seaham conveyancing lawyer they might help arrange energy assessments due to their contacts with reputable Seaham providers
Can I be sure that the Seaham conveyancing solicitor on the Bank of Ireland panel is any good?
When it comes to conveyancing in Seaham getting recommendations is a good start. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one which is cheap as chips. We would always advocate that you speak with the solicitor conducting your transaction.
I have paid off my mortgage with Nottingham. I assume I don't need a Seaham lawyer on the Nottingham panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Nottingham mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Nottingham mortgage from the register. Nottingham, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Nottingham has sent the Land Registry the discharge electronically, and
- Nottingham has instructed the Land Registry to do so
I am looking for a ground for flat up to £305k and identified one near me in Seaham I like with a park and transport links nearby, the downside is that it's only got 61 years on the lease. There is not much else in Seaham suitable, so just wondered if I would be making a mistake purchasing a lease with such few years left?
Should you require a mortgage that many years may be a potential deal breaker. Discount the offer by the anticipated lease extension will cost if it has not already been discounted. If the existing proprietor has owned the premises for a minimum of 2 years you may request that they start the process of the extension and pass it to you. An additional ninety years can be extended on to the current lease with a zero ground rent applied. You should consult your conveyancing solicitor about this matter.
I work for a busy estate agency in Seaham where we have experienced a few leasehold sales put at risk as a result of short leases. I have been given conflicting advice from local Seaham conveyancing solicitors. Could you clarify whether the owner of a flat can instigate the lease extension formalities 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 kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the sale.
An alternative approach is 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 buyer.
Seaham Leasehold Conveyancing - A selection of Queries Prior to buying
Most Seaham leasehold apartments will have a service charge for maintenance of the building invoiced by the freeholder. If you acquire the property you will have to meet this charge, normally quarterly accross the year. This can be anything from two or three hundred pounds to thousands of pounds for blocks with lifts and large communal areas. In all likelihood there will be a ground rent for you to pay annual, this is usually not a significant sum, say about £25-£75 but you should to enquire as sometimes it could be many hundreds of pounds. Be sure to enquire if there are any onerous restrictions in the lease. By way of example plenty of leases prohibit pets being allowed in certain buildings in Seaham. If you love the flatin Seaham but your dog can’t move with you then you have a very hard choice. Its a good idea to discover as much as you can regarding the company managing the block as they can either make your life much simpler or much more difficult. As the owner of a leasehold property you are often at the mercy of the managing agents from a financial perspective and when it comes to practical matters like the tidiness of the common parts. Don't be shy to ask other people if they are happy with their management. Finally, find out the dates that the maintenance charges are due to the relevant party and precisely how they are spending that money.