My brother and I have recently acquired a house in Benfleet. We have noticed several issues with the house which we believe were missed in the conveyancing searches. Is there anything we can do? Can you clarify the nature of searches that should have been conducted as part of conveyancing in Benfleet?
It is not clear from the question as what problems have arisen and if they are specific to conveyancing in Benfleet. Conveyancing searches and due diligence initiated during the legal transfer of property are supposed to help avoid problems. As part of the process, a property owner answers a document called a SPIF. If the information 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 Benfleet.
The deeds to my house can not be found. The solicitors who conducted the conveyancing in Benfleet 5 years ago have long since closed. Will I be able to sell the house?
You no longer need to have the physical original deeds to prove you own the land or property, given that the Land Registry hold details of all registered land or property electronically.
Over the last few months I have been searching for a ground for flat up to £235,500 and found one close by in Benfleet I like with open areas and railway links nearby, however it's only got 49 years unexpired on the lease. There is not much else in Benfleet suitable, so just wondered if I would be making a grave error acquiring a lease with such few years left?
Should you need a home loan the remaining unexpired lease term will likely be problematic. Discount the price by the amount the lease extension will cost if not already taken into account. If the existing proprietor has owned the premises for at least twenty four months you may ask them to start the process of the extension and then assign it to you. You can add 90 years to the existing lease term with a zero ground rent applied. You should consult your conveyancing lawyer about this.
I was advised by two or three local estate agents in Benfleet to choose a property lawyer on your site. Is there a financial inducement for Estate Agents to offer your site ahead of another?
We refuse to give any financial incentive for directing people our way. We thought it would be too underhand a fee because home movers will think, ‘Why is the agent getting a kickback? Why am I not receiving any benefit too?’ So we decided to step away from that.
My uncle has urged me to instruct his conveyancing solicitors in Benfleet. Should I use them?
No doubt the ideal way to choose a conveyancing solicitor is to have feedback from friends or family who have used the firm you're are thinking of instructing.