Last September we completed a house move in Lowestoft. We have since encountered a number of issues with the property which we suspect were omitted in the conveyancing searches. Is there anything we can do? What searches should? have been ordered for conveyancing in Lowestoft?
It is not clear from the question as to the nature of the problems and if they are unique to conveyancing in Lowestoft. Conveyancing searches and due diligence undertaken as part of the legal transfer of property are supposed to help avoid problems. As part of the legal transfer of property, the vendor completes a document referred to as a Seller’s Property Information Form. If the information is misleading, 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 Lowestoft.
Can you clarify what the consequences are if my solicitor is suspended from the Aldermore Solicitor panel ahead of completing my conveyancing in Lowestoft?
First, 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.
Me and my brother have a terraced Edwardian house in Lowestoft. Conveyancing practitioner represented me and The Royal Bank of Scotland. I happened to do a free search for it on the Land Registry database and there are two entries: the first freehold, the second leasehold with the exact same property. I'd like to know for sure, how can I find out??
You should review the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Lowestoft and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also question the position with the conveyancing solicitor who conducted the conveyancing.
About to purchase a new build apartment in Lowestoft. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below is a sample of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Lowestoft
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Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?
We are in the midst of selling our flat in Lowestoft. Conveyancing solicitors are doing their job but we are being charged an extortionate amount from the managing agents. To date we have issued a cheque for £237 for a leasehold management information and then a further £117.20 for answers to queries raised by the purchaser's conveyancer.
Your conveyancing practitioner will unlikely have any control over the extent of the fee for this information but the average costs for the information for Lowestoft leasehold property is £380. When it comes to Lowestoft conveyancing deals it is standard for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer these questions most will be content to do so - albeit often at exorbitant prices disproportionate to the work involved. Regretfully there is no law that mandates fixed charges for administrative tasks. There is no set time frame by which they are obliged to supply answers.