Last December we completed a house move in Westbury Park. We have since encountered a number of issues with the property which we believe were omitted in the conveyancing searches. Is there anything we can do? Can you clarify the type of searches that should have been ordered as part of conveyancing in Westbury Park?
The query is vague as what problems have arisen and if they are specific to conveyancing in Westbury Park. Conveyancing searches and investigations initiated as part of the buying process are carried out to help avoid problems. As part of the legal transfer of property, a property owner completes a form referred to as a Seller’s Property Information Form. answers is inaccurate, you may have a misrepresentation claim 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 Westbury Park.
What happens if my lawyer’s firm is removed from the Bank of Ireland Conveyancing panel ahead of completing my conveyancing in Westbury Park?
The first thing to point out is that, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
I have today made my last payment due on my mortgage with Virgin Money. I assume I don't need a Westbury Park conveyancer on the Virgin Money panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Virgin Money 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 Virgin Money mortgage from the register. Virgin Money, 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 Virgin Money has sent the Land Registry the discharge electronically, and
- Virgin Money has instructed the Land Registry to do so
I recently had an offer agreed on an apartment in Westbury Park. My financial adviser suggested a solicitor. I paid an advanced payment of £200. Shortly after, the property lawyer called me embarrassingly acknowledging that they were not on the Yorkshire BS conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Yorkshire BS panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
RBS have agreed my mortgage in principle, my offer on a flat in Westbury Park has been accepted, what are the next steps?
Your estate agent will want to be advised as to your conveyancer's details (be sure the conveyancing practitioners are on the lender’s approved list). Telephone RBS or your financial adviser and finalise any relevant paperwork. RBS will appoint a valuer who will get in touch with the selling agent or vendor to schedule an appointment. Once carried out (assuming no problems) it takes about a fortnight to get a mortgage offer. RBS will issue the offer to you and your solicitors. The legal work will then take it’s course according the nature and complexity of the conveyancing in Westbury Park.
I know that there are debates on Chancel Insurance on online forums. Am I compelled to have this when purchasing a residence in Westbury Park? or Apparently there is historic law that could mean that homeowners living in a parish church boundary may be liable to pay for maintenance to the chancel in proximity to the church. Is this relevant for conveyancing in Westbury Park?
Unless a previous acquisition of the house took place after 12 October 2013 you can take it that conveyancing practitioners conducting conveyancing in Westbury Park to continue to advocate a chancel search and or chancel repair liability insurance.
Am I best advised to use a Westbury Park conveyancing practitioner who is local to the property I am purchasing? An old friend can carry out the conveyancing however they are based over three hundred kilometers away.
The benefit of a high street Westbury Park conveyancing practice is that you can drop in to execute documents, deliver your ID and pester them if necessary. They will also have local intelligence which is a plus. That being said it's more important to get someone that will do a good and efficient job. If you know people who instructed your friend and the majority were impressed that must surpass using an unknown Westbury Park conveyancing solicitor solely due to them being based in the area.