Last August we completed a house move in Fenham. We have since encountered a number of issues with the house which we believe were omitted in the conveyancing searches. Is there anything we can do? Can you clarify the nature of searches that needed to have been ordered for conveyancing in Fenham?
It is not clear from the question as what problems have arisen and if they are unique to conveyancing in Fenham. Conveyancing searches and investigations undertaken as part of the legal transfer of property are supposed to help avoid problems. As part of the process, a property owner fills in a document referred to as a SPIF. answers is incorrect, 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 Fenham.
Please explain the implications if my solicitor is expelled from the Skipton Conveyancing panel ahead of completing my conveyancing in Fenham?
First, this is very unlikely to happen. 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 at a cost.
The deeds to my property can not be found. The solicitors who conducted the conveyancing in Fenham 4 years ago are no longer around. What are my next steps?
Nowadays there are copies made of almost everything, and your solicitor will be aware precisely where to locate all the relevant paperwork so you may purchase or dispose of your property without any difficulty. Where copies are not available, your lawyer can arrange cover in the form of insurance or indemnities protecting you against possible claims on the premises.
How does conveyancing in Fenham differ for new build properties?
Most buyers of new build residence in Fenham come to us having been asked by the housebuilder to sign contracts and commit to the purchase even before the residence is constructed. This is because new home sellers in Fenham usually purchase the site, 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 Fenham or who has acted in the same development.
Should I be suspicious that estate agents that I am dealing with are encouraging me to use an internet conveyancing firm as opposed to a local Fenham conveyancing practice?
As with many professional services, often recommendations from family and friends can be extremely useful or valuable. Nevertheless there are numerous parties with a vested interest in a conveyancing deal; estate agents, mortgage brokers and mortgage companies might all suggest lawyers to instruct. On occasion these lawyers might be known to one of the organisations as one of the best in their field, but sometimes there might be a commercial relationship behind the endorsement. You have the discretion to appoint your preferred conveyancer. You need to be aware that most banks specify a panel list of solicitors you must use for the mortgage related work in your transaction.