My brother and I have recently purchased a house in East Preston. We have noticed several issues with the house which we believe were missed in the conveyancing searches. Do we have any recourse? What searches should? have been ordered for conveyancing in East Preston?
The question is not clear as what problems have arisen and if they are unique to conveyancing in East Preston. Conveyancing searches and due diligence initiated as part of the buying process are supposed to help avoid problems. As part of the legal transfer of property, a seller fills in a questionnaire called a Seller’s Property Information Form. If the information is incorrect, then you may have a 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 East Preston.
My partner and I have arranged the release of further monies on our home loan from HSBC as we wish to conduct alterations to our home in East Preston. Do we need to select a high street East Preston solicitor on the HSBC conveyancing panel to handle the paperwork?
HSBC do not ordinarily require firms on their conveyancing panel to handle such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the HSBC list.
We have agreed to purchase a house in East Preston. A rare aspect is that the roof has a solar panel. RBS have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As you are obtaining a mortgage with RBS your lawyer must comply with the formal requirements contained in Section two of UK Finance Lenders’ Handbook for RBS. The Council of Mortgage Lenders’ Handbook stipulates minimum provisions for solar panel roof-space leases, and conveyancers are required to report to RBS where a lease fails to satisfy these provisions. The conditions relate to the installation of panels on properties in England and Wales and is not isolated to East Preston.
After weeks of negotiation I have agreed a price on an apartment in East Preston. My financial adviser pressured me to appoint their lawyer. I paid an advanced payment of £225. Soon after, the conveyancing practitioner contacted me sheepishly admitting that they were not on the HSBC 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 HSBC 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.
My wife and I have a terraced Georgian property in East Preston. Conveyancing practitioner represented me and Bank of Scotland. I happened to do a free search for it on the Land Registry database and I saw a couple of entries: the first freehold, another for leasehold with the matching property. I'd like to know for sure, how can I find out??
You should read 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 owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in East Preston and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with purchasers. You can also question the situation with your conveyancing practitioner who conducted the purchase.
Should I appoint a East Preston conveyancing solicitor who is local to the property I am buying? I have an old university friend who can conduct the legal work but her office is approximately 350kilometers drive away.
The primary upside of using a high street East Preston conveyancing practice is that you can attend the office to sign documents, hand in your identification documents and apply pressure on them if necessary. Having local East Preston know how is a plus. That being said nothing is more important than finding someone that will do a good and efficient job. If you know people who used your friend and on the whole were happy that must trump using an unknown East Preston conveyancing lawyer just because they are based in the area.
I yesterday found out that one of the directors of the firm undertaking the purchase conveyancing in East Preston is an uncle of the seller. Is this permitted?
Provided there is no conflict of interest this should be fine. Where you are requiring a mortgage then the lender may have a say as many lenders have specific requirements concerning this. For example for Skipton Building Society as of 11/12/2024, the requirements read as follows :