Is the fact that my solicitor in New Brighton is not listed on my mortgage company's solicitor panel that there is a problem with the standard of his work?
It would be unwise to jump to that conclusion. There are all sorts of perfectly reasonable explanations. A recent report by the solicitors regulator revealed that over three quarters of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (1) lack of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Should you be concerned you should simply call the New Brighton conveyancing firm and enquire why they are no longer on the approved list for your bank.
My brother and I have lately bought a property in New Brighton. We have since encountered a number of issues with the property which we believe were missed in the conveyancing searches. Do we have any recourse? What searches should? have been carried out for conveyancing in New Brighton?
The query is not clear as to the nature of the problems and if they are specific to conveyancing in New Brighton. Conveyancing searches and investigations initiated as part of the legal transfer of property are designed to help avoid problems. As part of the legal transfer of property, a seller completes a questionnaire referred to as a SPIF. If the information is incorrect, 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 New Brighton.
Our lender has suggested a law firm on their panel based in New Brighton but I would rather instruct a conveyancing lawyer in New Brighton or nearer to where I live. Are you able to assist?
It is by no means the case that all New Brighton conveyancing practices are listed all banks conveyancing panel. Use our search tool to locate a New Brighton conveyancing firm on the on the mortgage company panel.
Should our lawyer be raising questions about flooding during the conveyancing in New Brighton.
The risk of flooding is if increasing concern for lawyers conducting conveyancing in New Brighton. There are those who purchase a property in New Brighton, completely aware that at some time, it may be flooded. However, aside from the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or sell the premises. Steps can be carried out during the course of a house purchase to forewarn the purchaser.
Solicitors are not qualified to impart advice on flood risk, but there are a number of checks that can be initiated by the purchaser or on a buyer’s behalf which can give them a better appreciation of the risks in New Brighton. The conventional set of information given to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) incorporates a standard question of the seller to discover whether the premises has suffered from flooding. In the event that flooding has previously occurred which is not revealed by the vendor, then a purchaser could commence a legal claim for losses stemming from an incorrect response. The purchaser’s solicitors should also commission an environmental report. This should disclose whether there is a recorded flood risk. If so, additional investigations should be conducted.
Due to the advice of my in-laws I had a survey completed on a property in New Brighton prior to retaining solicitors. I have been advised that there is a flying freehold overhang to the property. Our surveyor has said that some mortgage companies may refuse to issue a mortgage on this type of premises.
It depends who your proposed lender is. Bank of Scotland has different requirements for example to Halifax. Should you wish to call us we can look into this further with the relevant bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in New Brighton. Conveyancing may be slightly more expensive based on your lender's requirements.