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Recently asked questions about conveyancing in St George

Last March we completed a house move in St George. We have since encountered a number of problems with the house which we believe were missed in the conveyancing searches. Is there anything we can do? Can you clarify the type of searches that needed to have been conducted for conveyancing in St George?

It is not clear from the question as to the nature of the problems and if they are specific to conveyancing in St George. Conveyancing searches and investigations undertaken as part of the buying process are supposed to help avoid problems. As part of the process, the vendor fills in a document known as a Seller’s Property Information Form. answers 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 St George.

It is 10 years ago since I bought my property in St George. Conveyancing solicitors have just been appointed on the sale but I am unable to find the deeds. Will this cause complications?

You need not be too concerned. First there is a possibility that the deeds will be retained by the mortgage company or they may be in the possession of the conveyancers who handled your purchase. Secondly in most cases the title will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers obtaining up to date copy of the land registers. Nearly all conveyancing in St George involves registered property but in the rare situation where your property is not registered it adds to the complexity but is not insurmountable.

I am buying a new build apartment in St George. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.

Here is a sample of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in St George

    The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Please confirm the Lease plans are surveyor prepared. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Forfeiture - bankruptcy or liquidation must not apply under this provision.

I have been advised by a number of estate agents in St George to get a quote from a property lawyer using your seach tool. Is there a financial incentive for Estate Agents to offer your lawyers over a competitor’s?

We refuse to give any referral fee for pointing buyers and sellers in our direction. We found it would be just too difficult to pay a commission because a client could think, ‘How come the agent getting a kickback? Why aren’t I getting any benefit too?’ We would prefer to grow our business on genuine recommendations.

All being well we will complete the sale of our £450,000 apartment in St George in 8 days. The management company has quoted £336 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge exorbitant fees for a flat conveyance in St George?

St George conveyancing on leasehold apartments often necessitates the purchaser’s lawyer submitting questions for the landlord to answer. Although the landlord is under no legal obligation to address these enquiries most will be willing to do so. They are entitled to invoice a reasonable administration fee for responding to questions or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is over three hundred pounds, in some transactions it is in excess of £800. The administration charge required by the landlord must be sent together with a summary of rights and obligations in respect of administration fees, otherwise the charge is not strictly payable. Reality however dictates that you have little choice but to pay whatever is requested of you should you wish to complete the sale of your home.

I bought a leasehold flat in St George, conveyancing formalities finalised November 2012. Can you let me have an estimated range of the fair premium for a lease extension? Equivalent flats in St George with an extended lease are worth £195,000. The average or mid-range amount of ground rent is £45 invoiced every year. The lease expires on 21st October 2087

With just 63 years left to run the likely cost is going to be between £16,200 and £18,600 plus plus your own and the landlord's "reasonable" professional fees.

The figure that we have given is a general guide to costs for extending a lease, but we are not able to provide a more accurate figure in the absence of comprehensive due diligence. Do not use this information in tribunal or court proceedings. There may be additional issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Please do not take any other action based on this information before getting professional advice.

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