Last October we completed a house move in Corston. We have since encountered a number of problems with the property which we believe were missed in the conveyancing searches. Do we have any recourse? Can you clarify the nature of searches that needed to have been carried out as part of conveyancing in Corston?
It is not clear from the question as to the nature of the problems and if they are specific to conveyancing in Corston. Conveyancing searches and investigations undertaken as part of the buying process are supposed to help avoid problems. As part of the process, the vendor answers a document referred to as a Seller’s Property Information Form. If the information ends up being misleading, you could possibly take legal action 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 Corston.
How does conveyancing in Corston differ for newly converted properties?
Most buyers of new build property in Corston approach us having been asked by the builder to sign contracts and commit to the purchase even before the residence is built. This is because new home sellers in Corston tend to purchase the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Corston or who has acted in the same development.
Yesterday I discovered that there is a flying freehold element on a house I have offered on a fortnight ago in what was supposed to be a quick, no chain conveyancing. Corston is the location of the property. Can you offer any advice?
Flying freeholds in Corston are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Corston you would need to get your solicitor to go through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Corston may determine 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 residence.
Am I best advised to choose a Corston conveyancing solicitor who is local to the property I am purchasing? An old friend can perform the conveyancing however they are based 200kilometers drive away.
The primary upside of using a local Corston conveyancing firm is that you can visit the firm to sign documents, deliver your ID and apply pressure on them where appropriate. They will also have local insight which is a plus. However nothing is more important than finding someone that will pull out all the stops for you. If you know people who instructed your friend and the majority were happy that should outweigh using an unknown Corston conveyancing lawyer just because they are Corston based.
Are Corston conveyancing solicitors duty bound by the Law Society to issue clear conveyancing figures?
Contained within the Solicitors Code of Conduct are prescriptive rules and regulations as to how the Solicitors Regulation Authority (SRA) allow solicitors to publicise their fees to clients.The Law Society have practice note giving advice on how to publicise transparent charges to avoid breaching any such rule. Practice notes are not legal advice issued by the Law Society and is not to be interpreted as the only standard of good practice a conveyancing solicitor should adhere to. The Practice Note does, nevertheless, represent the Law Society’s view of acceptable practice for publicising conveyancing charges, and accordingly it’s a recommended read for any solicitor or conveyancer in Corston or further afield.