My brother and I have recently bought a house in Tyldesley. We have noticed several problems with the property which we consider were omitted in the conveyancing searches. Is there anything we can do? What searches should? have been conducted for conveyancing in Tyldesley?
The question is not clear as to the nature of the problems and if they are unique to conveyancing in Tyldesley. Conveyancing searches and due diligence initiated as part of the legal transfer of property are designed to help avoid problems. As part of the legal transfer of property, a seller answers a document called a Seller’s Property Information Form. answers proves 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 Tyldesley.
I am considering applying for a RBS mortgage for purchase of a new build (under development) in Tyldesley with 60% LTV. Is it compulsory to choose a solicitor on the conveyancing panel for RBS ?
In theory, you could use a solicitor that is not on the RBS conveyancing panel, but RBS would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same transaction.
I decided to have a survey carried out on a house in Tyldesley before appointing lawyers. I have been told that there is a flying freehold aspect to the property. The surveyor has said that some banks will refuse to give a mortgage on such a premises.
It depends who your proposed lender is. Bank of Scotland has different instructions from Nationwide. Should you wish to call us we can check with the relevant bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Tyldesley. Conveyancing may be slightly more expensive based on your lender's requirements.
I was recommended by numerous property agents in Tyldesley to find a property lawyer using your seach tool. Is there a financial upside for Estate Agents to recommend your services over a competitor’s?
We don’t make any financial incentive for sending work our way. We thought it would be too underhand a fee as members of the public would think, ‘How come the agent getting a kickback? Why aren’t I receiving any benefit too?’ So we decided to step away from that.
Am I best advised to appoint a Tyldesley conveyancing lawyer in close proximity to the house I am hoping to buy? We have a good friend who can carry out the legal work however his firm is located 400miles away.
The primary upside of using a local Tyldesley conveyancing firm is that you can visit the firm to execute paperwork, hand in your ID and pester them if necessary. Having local Tyldesley know how is a bonus. However it's more important to get someone that will do a good and efficient job. If other friends have used your friend and on the whole were happy that should outweigh using an unfamiliar Tyldesley conveyancing lawyer solely due to them being based in the area.