My partner and I have just purchased a house in Colwyn Bay. We have noticed several problems with the property which we believe were missed in the conveyancing searches. What action can we take? What searches should? have been ordered for conveyancing in Colwyn Bay?
It is not clear from the question as what problems have arisen and if they are specific to conveyancing in Colwyn Bay. Conveyancing searches and investigations 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 completes a questionnaire called a SPIF. If the information proves 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 Colwyn Bay.
Should my lawyer be making enquiries regarding flooding during the conveyancing in Colwyn Bay.
The risk of flooding is if increasing concern for solicitors carrying out conveyancing in Colwyn Bay. Plenty of people will purchase a house in Colwyn Bay, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, if a property is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or dispose of the premises. There are steps that can be taken during the course of a house purchase to forewarn the buyer.
Conveyancers are not best placed to offer advice on flood risk, however there are a various checks that can be initiated by the purchaser or on a buyer’s behalf which will give them a better understanding of the risks in Colwyn Bay. The standard property information forms given to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a usual inquiry of the vendor to determine if the premises has historically flooded. In the event that the property has been flooded in past which is not notified by the seller, then a purchaser could commence a compensation claim as a result of such an misleading response. A purchaser’s solicitors will also order an enviro search. This will reveal if there is a recorded flood risk. If so, more detailed inquiries will need to be conducted.
I have recentlybecome aware that Action Conveyancing have been shut down. They carried out my conveyancing in Colwyn Bay for a purchase of a freehold house 18 months ago. How can I be sure that my home is in my name in the name of the former proprietor?
The easiest way to check if the property is in your name, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Colwyn Bay conveyancing specialists.
I'm purchasing a new build house in Colwyn Bay with the aid of help to buy. The developers refused to budge the amount so I negotiated £7000 of additionals instead. The house builders rep told me not reveal to my lawyer about this deal as it would impact my mortgage with the lender. 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.
I've recently found out that there is a flying freehold issue on a house I have offered on a fortnight ago in what should have been a straight forward, no chain conveyancing. Colwyn Bay is the location of the property. Is there any guidance you can impart?
Flying freeholds in Colwyn Bay are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Colwyn Bay you would need to get your solicitor to go through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Colwyn Bay may ascertain 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.