My brother and I have recently acquired a house in Suffolk. We have since encountered a number of problems with the house which we suspect were overlooked in the conveyancing searches. Do we have any recourse? Can you clarify the nature of searches that should have been carried out as part of conveyancing in Suffolk?

The question is not clear as what problems have arisen and if they are unique to conveyancing in Suffolk. Conveyancing searches and investigations undertaken as part of the legal transfer of property are carried out to help avoid problems. As part of the legal transfer of property, a seller answers a form referred to as a SPIF. answers 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 Suffolk.

Forgive me if this question is silly but I am wet behind the ears as FTB of a garden flat in Suffolk. Do I pick up the keys to the house on completion from my lawyer? If so, I will appoint a local conveyancing solicitor in Suffolk?

On the day of completion you do not need to go to the conveyancers office in Suffolk. Your solicitors will electronically transfer the purchase money to the vendor’s lawyers, and shortly after the monies have arrived, you will be able to pick up the keys from the Estate Agents and move into your new home. This tends to happen early afternoon.

Is it correct that all Suffolk CQS (Conveyancing Quality Scheme) solicitors are on the Skipton conveyancing panel?

A selection of banks and building societies now use the accreditation scheme as the kick off point for Panel approval such as HSBC and Santander. CQS membership however is no guarantee to lender panel acceptance. Nevertheless,the CML have indicated that it is likely to become a pre-requisite for solicitor practices wishing to join their approved list of conveyancing solicitors.

When it comes to lenders such as Clydesdale, do Suffolk solicitors incur a fee to be on the conveyancing panel?

We are unaware of any lender fees to register on their panel, although some do charge an administration charge to deal with the processing of the conveyancing panel submission.

How does conveyancing in Suffolk differ for new build properties?

Most buyers of new build or newly converted property in Suffolk contact us having been asked by the builder to exchange contracts and commit to the purchase even before the house is finished. This is because developers in Suffolk tend to acquire 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 conveyancing solicitors 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 Suffolk or who has acted in the same development.

Yesterday I discovered that there is a flying freehold issue on a property I put an offer in two weeks back in what should have been a simple, chain free conveyancing. Suffolk is the location of the property. Can you shed any light on this issue?

Flying freeholds in Suffolk are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Suffolk you would need to get your solicitor to go through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Suffolk may decide 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 premises.

I've recently bought a leasehold flat in Suffolk. Am I liable to pay service charges for periods before completion of my purchase?

In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Suffolk Conveyancing for Leasehold Flats - Sample of Queries before Purchasing

Its a good idea to discover as much as possible about the managing agents as they will impact your use and enjoyment of the property. Being a leasehold owner you are frequently at the mercy of the managing agents from a financial perspective and when it comes to day to day matters such as the tidiness of the communal areas. You should not be afraid to ask other people what they think of them. On a final note, investigate as to the dates that the maintenance fees are due to the relevant party and precisely what you get for your money. It would be sensible to investigate if there are any onerous prohibitions in the lease. For instance some leases prohibit pets being allowed in in a block in Suffolk. If you like the apartmentin Suffolk however your dog can’t make the move with you then you will be presented with a difficult decision. What is the name of the managing agents?