Last June we completed a house move in Stone. We have noticed several problems with the house which we believe were omitted in the conveyancing searches. Is there anything we can do? What searches should? have been ordered for conveyancing in Stone?
It is not clear from the question as what problems have arisen and if they are unique to conveyancing in Stone. Conveyancing searches and due diligence 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 fills in a form referred to as a Seller’s Property Information Form. answers is misleading, 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 Stone.
It is a dozen years since I purchased my property in Stone. Conveyancing solicitors have now been retained on the sale but I am unable to find the title deeds. Is this a problem?
You need not be too concerned. Firstly the deeds may be with your lender or they could be in the possession of the conveyancers who handled the purchase. Secondly the likelihood is that the title will be recorded at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers acquiring up to date copy of the land registers. Almost all conveyancing in Stone relates to registered property but in the unlikely event that your property is unregistered it is more tricky but is resolvable.
How does conveyancing in Stone differ for newly converted properties?
Most buyers of new build residence in Stone approach us having been asked by the seller to exchange contracts and commit to the purchase even before the residence is ready to move into. This is because house builders in Stone typically 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 Stone or who has acted in the same development.
Can you provide any top tips for leasehold conveyancing in Stone from the point of view of expediting the sale process?
- Much of the frustration in leasehold conveyancing in Stone can be reduced where you instruct lawyers the minute your agents start advertising the property and ask them to collate the leasehold documentation which will be required by the purchasers’ conveyancers. Some Stone leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. The bank reference should make it clear that the buyer is financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their solicitors. Many freeholders or Management Companies in Stone levy fees for supplying management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Stone. If you have had any disputes with your landlord or managing agents it is essential that these are settled before the property is put on the market. The buyers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You may need to swallow your pride and pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is clearly preferable to present the dispute as historic rather than unresolved.
Stone Conveyancing for Leasehold Flats - Examples of Questions you should consider Prior to buying
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It would be sensible to discover as much as possible about the managing agents as they will either make your life much simpler or problematic. As the proprietor of a leasehold property you are frequently at the mercy of the managing agents from a financial perspective and when it comes to every day issues like the upkeep of the communal areas. Don't be shy to ask other people what they think of their service. On a final note, find out the dates that the maintenance fees are due to the appropriate party and precisely how they are spending the funds. Please inform me if there are any major works in the near future that could increase the maintenance costs? It would be wise to investigate if there are any onerous restrictions in the lease. By way of example some leases prohibit pets being allowed in in a block in Stone. If you love the propertyin Stone however your dog is not allowed to live with you then you will be faced difficult choice.
One month into buying a residence in Stone. Conveyancing lawyer has called to say the property is "Leasehold". Does this impact our lender’s valuation?
Stone conveyancing does not usually involve leasehold houses. The crucial factor here is the unexpired lease term and the ground rent. If it's 999 years with a nominal rent, it's virtually freehold, so it’s unlikely to impact the saleability too much.
At the other extreme, if it's, say, Sixty years it will have a material effect on the value, and most likely wouldn't be acceptable to the mortgage company. The length of lease and ground rent will be specified in the lease which should be made available to your solicitor.