My brother and I have lately acquired a house in Creekmouth. We have noticed several problems with the house which we believe were omitted in the conveyancing searches. What action can we take? Can you clarify the nature of searches that should have been carried out as part of conveyancing in Creekmouth?
The query is vague as what problems have arisen and if they are relate to conveyancing in Creekmouth. Conveyancing searches and due diligence undertaken as part of the legal transfer of property are supposed to help avoid problems. As part of the legal transfer of property, a property owner fills in a questionnaire called a SPIF. If the information ends up being misleading, 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 Creekmouth.
When researching mumsnet.com for a recommended lawyer in Creekmouth, many comment that I should look for a CQS accredited solicitor. Can you explain what CQS is?
Creekmouth Conveyancing Quality Scheme law firms have obtained certification under the Law Society's Scheme (CQS) The Law Society introduced CQS to promote high standards in the in the legal transfer of properties. CQS enables house movers to identify practices that provide a quality residential conveyancing. Creekmouth is one of locations in England and Wales in which CQS are located. The scheme obliges practices to undergo a strict assessment, compulsory training, self-reporting, spot checks and yearly assessments in order to maintain CQS status. It is open only to members of the Law Society who meet the demanding standards set by the scheme and has the support of the Council of Mortgage Lenders.
We were going to get a OIP from Skipton this week so we can work out what to offer on a property we like as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Skipton recommend any Creekmouth solicitors on the Skipton conveyancing panel, or is it better to go independently?
You will need to appoint Creekmouth solicitors independently although you'll need to choose one on the Skipton conveyancing panel. The solicitor represents both you and Skipton through the process.
I am selling my flat. I had a double glazing fitted in November 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Skipton are being difficult. The Creekmouth solicitor who is on the Skipton conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Skipton are requiring a building regulation certificate. Why do Skipton have a conveyancing panel if they don't accept advice from them?
It is probably the case that Skipton have referred the matter to their valuer. The reason why Skipton may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
I have instructed a Creekmouth property lawyer having made sure that they are on the Yorkshire BS conveyancing panel. Does my lawyer arrange the survey of the property?
Yorkshire BS will need an independent valuation of the property. Your lawyer will not arrange this. Usually Yorkshire BS will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Creekmouth postcode. As you are getting a mortgage with Yorkshire BS, you could contact them to see if they have a list of approved surveyors in Creekmouth.
3 months have gone by following my purchase conveyancing in Creekmouth concluded. I have checked the Land Registry site which shows that I paid £200,000 when infact I paid £170,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the asset from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
Should I be suspicious that 3rd parties that I am dealing with are encouraging me to use an internet conveyancing firm rather than a local Creekmouth conveyancing practice?
As is the case with lots of professional services, often input from relatives can be most helpful. Nevertheless there are many players in a conveyancing matter; estate agents, mortgage brokers and mortgage companies might all put forward conveyancers to use. Sometimes the solicitors might be known to one of the organisations as being good in their field, but occasionally there might be a commercial relationship behind the endorsement. You have the right to select your preferred conveyancer. You need to be aware that many mortgage providers specify a panel list of law firms you must use for the lender related work in your house move.