Last September we completed a house move in Tower Hill. We have since encountered a number of issues with the property which we consider were overlooked in the conveyancing searches. What action can we take? What searches should? have been conducted as part of conveyancing in Tower Hill?
It is not clear from the question as what problems have arisen and if they are relate to conveyancing in Tower Hill. Conveyancing searches and due diligence undertaken during the buying process are supposed to help avoid problems. As part of the legal transfer of property, the vendor completes a form known as a SPIF. If the information ends up being inaccurate, you may have a misrepresentation claim 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 Tower Hill.
My husband and I wish to acquire a newbuild flat in Tower Hill with a mortgage from Alliance & Leicester .We would like to retain our Tower Hill conveyancing lawyer but Alliance & Leicester advised that his firm is not on their "panel". we are left little option but to use a Alliance & Leicester panel firm or retain our local solicitor and fork out for one of their panel ones to represent them. This seems very unfair; is there anything we can do?
Unfortunately,no. The mortgage issued to you contains various provisions, a common one being that lawyers needs to be on the Alliance & Leicester approved list. Until recently, most banks had large numbers of solicitors on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your solicitors to apply to be on the conveyancing panel for Alliance & Leicester
My bid for a property was accepted at auction in Tower Hill. Conveyancing is necessary. What is next?
Given that you have now legally committed yourself to purchase you now have to retain a conveyancing lawyer as a matter of urgency as you are faced with a fast approaching a fixed date to complete the conveyancing. Every auction property should have a corresponding auction set of papers. This should include the copy title deeds, local authority and drainage searches. If you have purchased leasehold property the conveyancing papers may contain a copy of the lease, management information and a sellers leasehold information form and associated conveyancing documentation pertinent to leasehold premises. You need to hand this to your appointed conveyancing solicitor ASAP. You also need to ensure that you have funds organised to complete on the date specified in the contract.
A relative pointed out to me me that in purchasing a property in Tower Hill there could be various restrictions prohibiting external changes to a property. Is this right?
We are aware of a number of properties in Tower Hill which have some sort of restriction or requirement of consent to execute external variations. Part of the conveyancing in Tower Hill should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
My sealed bid on a property in Tower Hill has been accepted, the sellers do however have a tied purchase. The vendors have offered on a flat, however it’s not been accepted yet, and have viewings of other apartments in the pipeline. I have selected a bricks and mortar conveyancing solicitor in Tower Hill. What should be my next step? At what point do I apply for the mortgage with Nottingham?
It is usual to have concerns where there is a chain as you are unlikely to want to incur expenses too early (mortgage application is approx one thousand pounds, then survey, Tower Hill conveyancing search fees, etc). The first thing to do is check that your lawyer is on the Nottingham approved list. Concerning the next stages this very much depends on the circumstances of your transaction, attraction to this property and on the state of the market. During a rising market many purchasers will apply for the mortgage with Nottingham and arrange for the valuation and only if it comes back ok would they pay their property lawyer to move forward with the conveyancing in Tower Hill.
My uncle has recommend that I instruct his conveyancers in Tower Hill. Do I follow his advice?
There are no two ways about it the best way to find a conveyancing practitioner is to have guidance from friends or relatives who have actually used the firm that you are are thinking of instructing.
My financial adviser has suggested using their conveyancing practitioner for the conveyancing in Tower Hill - won’t it be easier to just use them?
You need to establish if the estate agent is recommending a property lawyer or introducing to a conveyancer. There are plenty of Tower Hill estate agents who recommend two or three Tower Hill conveyancing firms purely based on those lawyers offering a great service.