My partner and I have just bought a property in Eden Park. We have noticed several issues with the house which we suspect were omitted in the conveyancing searches. Do we have any recourse? Can you clarify the nature of searches that should have been ordered for conveyancing in Eden Park?
The query is not clear as what problems have arisen and if they are unique to conveyancing in Eden Park. Conveyancing searches and due diligence undertaken 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 form called a Seller’s Property Information Form. answers ends up being 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 Eden Park.
Why do I have to pay up front for my conveyancing in Eden Park?
If you are buying a property in Eden Park your lawyer will request that you place them with funds to cover the the cost of the conveyancing searches. Ordinarily this is requested to cover the fees of the Local Authority Search. If any down payment is payable against the sale price then this should be required immediately in advance of exchange of contracts. Any further balance that is needed should be sent to your lawyer a couple of days prior to the completion date.
Me and my brother own a terraced Edwardian house in Eden Park. Conveyancing solicitor acted for me and Barnsley Building Society. I did a free Land Registry search last week and I saw two entries: one for freehold, the second leasehold under the exact same property. If a house is not a freehold shouldn't I have been informed?
You need to review the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Eden Park and other locations in the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also question the position with the conveyancing practitioner who completed the work.
I am purchasing my first flat in Eden Park with a mortgage from Birmingham Midshires. The developers refused to move on the amount so I negotiated five thousand pounds worth of extras instead. The estate agent told me not to tell my solicitor about this extras as it will affect my loan with the bank. Should I keep quiet?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Due to the input of my in-laws I had a survey completed on a house in Eden Park ahead of appointing conveyancers. I have been advised that there is a flying freehold aspect to the house. The surveyor has said that some lenders will not give a mortgage on a flying freehold house.
It varies from the lender to lender. Lloyds has different instructions for example to Nationwide. Should you wish to telephone us we can check with the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Eden Park. Conveyancing will be smoother if you use a solicitor in Eden Park especially if they are acquainted with such properties in Eden Park.