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Recently asked questions about conveyancing in Fleet

My partner and I have recently purchased a property in Fleet. We have noticed several problems with the property which we consider were overlooked in the conveyancing searches. Do we have any recourse? What searches should? have been conducted as part of conveyancing in Fleet?

The query is vague as to the nature of the problems and if they are specific to conveyancing in Fleet. Conveyancing searches and due diligence initiated as part of the legal transfer of property are carried out to help avoid problems. As part of the process, a property owner completes a questionnaire called a Seller’s Property Information Form. answers proves to be inaccurate, you could possibly take legal action 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 Fleet.

Will my solicitor be raising enquiries regarding flooding during the conveyancing in Fleet.

Flooding is a growing risk for conveyancers dealing with homes in Fleet. Some people will purchase a house in Fleet, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or sell the premises. Steps can be carried out during the course of a property purchase to forewarn the purchaser.

Conveyancers are not qualified to give advice on flood risk, however there are a numerous checks that may be undertaken by the purchaser or by their solicitors which should give them a better appreciation of the risks in Fleet. The conventional set of completed inquiry forms supplied to a buyer’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard inquiry of the vendor to discover whether the property has suffered from flooding. In the event that flooding has previously occurred and is not notified by the owner, then a purchaser may bring a compensation claim as a result of such an inaccurate answer. A purchaser’s lawyers will also commission an environmental search. This will reveal if there is any known flood risk. If so, more detailed inquiries will need to be initiated.

About to purchase a new build flat in Fleet. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.

Set out below is a sample of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Fleet

    Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided.

Due to the advice of my in-laws I had a survey completed on a house in Fleet in advance of retaining lawyers. I have been informed that there is a flying freehold overhang to the house. The surveyor advised that some lenders may not give a loan on this type of house.

It depends who your proposed lender is. Santander has different requirements from Nationwide. If you e-mail us we can check with the relevant lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Fleet. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Fleet to see if the conveyancing will be more expensive.

I need to appoint a conveyancing solicitor for purchase conveyancing in Fleet. I happened to discover a site which appears to be the perfect answer If it is possible to get all this stuff completed via email that would be ideal. Do I need to be wary? What should out be looking out for?

As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?

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Find out more about how flying freehold can affect your the value of a property.