My partner and I have recently acquired a house in Swanage. We have since encountered a number of issues with the property which we consider were missed in the conveyancing searches. Is there anything we can do? What searches should? have been conducted as part of conveyancing in Swanage?
It is not clear from the question as what problems have arisen and if they are specific to conveyancing in Swanage. Conveyancing searches and investigations initiated during the buying process are designed to help avoid problems. As part of the legal transfer of property, the vendor completes a form called a SPIF. If the information turns out to be inaccurate, 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 Swanage.
Will lawyers request money on account for my conveyancing in Swanage?
If you are buying a property in Swanage your solicitor will ask you place them with funds to cover the search fees. This will be the total of the cost of the conveyancing searches. If any down payment is as part of the total price then this will be asked for immediately in advance of contracts are exchanged. Any further balance that is due should be sent to your lawyer shortly before completion.
What does a local search tell me regarding the property I am buying in Swanage?
Swanage conveyancing often commences with the submitting local authority searches directly from your local Authority or via a personal search organisations for instance PSG The local search is essential in every Swanage conveyancing purchase; that is if you don’t want any nasty once you have moved into your property. The search will reveal data on, amongst other things, details on planning applications relevant to the premises (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.
Yesterday I discovered that there is a flying freehold element on a house I have offered on two weeks back in what should have been a straight forward, no chain conveyancing. Swanage is where the house is located. Can you offer any guidance?
Flying freeholds in Swanage are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Swanage you must be sure that your lawyer goes through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Swanage may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
We're novice buyers - agreed a price, yet the selling agent has warned us that the owners will only proceed if we use the agent's recommended conveyancers as they need a ‘quick sale’. Our preferred option is to instruct a local solicitor used to conveyancing in Swanage
We suspect that the owner is unaware of this request. Should the vendor desire ‘a quick sale', turning down a motivated purchaser is counter productive. Speak to the owners direct and make the point that (a)you are serious buyers (b)you are ready to go, with finances in place © you do not need to sell (d) you wish to move quickly (e)but you are going to appoint your preferred Swanage conveyancing firm - not the ones that will earn the negotiator at the agency a commission or meet his conveyancing figures set by HQ.