My partner and I have recently purchased a house in Sale. We have noticed several problems with the house which we consider were omitted in the conveyancing searches. Is there anything we can do? Can you clarify the type of searches that should have been carried out for conveyancing in Sale?

The question is vague as what problems have arisen and if they are relate to conveyancing in Sale. Conveyancing searches and due diligence initiated during the legal transfer of property are supposed to help avoid problems. As part of the process, a seller completes a document known as a Seller’s Property Information Form. If the information is inaccurate, you could possibly take legal action against the owner 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 Sale.

This question may be naive but I am unexperienced as a 1st time buyer of a garden flat in Sale. Do I receive the keys to the house on the completion date from my conveyancer? If this is the case, I will instruct a local conveyancing solicitor in Sale?

There is no need to visit the lawyers office on the day of completion. Conveyancing lawyers for you will arrange to send the purchase money to the vendor’s conveyancers, and shortly after the monies have arrived, you should be invited to pick up the keys from the selling Agents and move into your new home. Usually this happens early afternoon.

Is there a list of Barclays panel conveyancers in Sale on the UK Finance Lenders’ Handbook Website?

No. There is no such facility on the CML or Building Society Association websites. A small selection of mortgage companies make their panel listings open the public online. If you are seeking to appoint a Sale lawyer on the Barclays please make the most of our facility.

I have a mortgage with Leeds Building Society for my property in Sale. Conveyancing has been completed months ago. Should I wish to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Leeds Building Society?

You must advise Leeds Building Society in advance of renting your property as this is likely to be a breach of Leeds Building Society’s mortgage conditions. It may be that Leeds Building Society will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Leeds Building Society directly. You need not do this via a Leeds Building Society conveyancing panel lawyer.

Should my conveyancer be making enquiries regarding flooding as part of the conveyancing in Sale.

Flooding is a growing risk for solicitors dealing with homes in Sale. Some people will buy a property in Sale, completely aware that at some time, it may be flooded. However, aside from the physical damage, where a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or dispose of the property. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.

Lawyers are not best placed to offer advice on flood risk, however there are a numerous checks that may be undertaken by the purchaser or by their solicitors which can give them a better appreciation of the risks in Sale. The standard information sent to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) incorporates a standard inquiry of the seller to find out if the property has ever been flooded. If flooding has previously occurred and is not notified by the owner, then a buyer could commence a legal claim for losses resulting from an inaccurate answer. The purchaser’s solicitors should also order an environmental report. This will indicate whether there is a recorded flood risk. If so, additional investigations will need to be made.

I decided to have a survey done on a house in Sale prior to appointing solicitors. I have been advised that there is a flying freehold aspect to the house. My surveyor advised that some mortgage companies will not give a mortgage on such a house.

It depends who your proposed lender is. HSBC has different instructions for example to Nationwide. Should you wish to call us we can investigate further with the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Sale. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Sale to see if the conveyancing costs will increase in light of this.

Having checked my lease I have discovered that there are only 62 years unexpired on my flat in Sale. I now want to extend my lease but my freeholder is can not be found. What should I do?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. However, you will be required to prove that you have done all that could be expected to locate the lessor. For most situations a specialist would be useful to carry out a search and prepare an expert document to be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer both on proving the landlord’s disappearance and the vesting order request to the County Court covering Sale.

Sale Leasehold Conveyancing - A selection of Questions you should ask before Purchasing

It is important to be aware whether fixing the lift or some other major work is coming up to be shared amongst the leasehold owners and could well dramatically impact the level of the service costs or necessitate a specific payment. Are there any major works in the planning that will add a premium to the maintenance fees? What is the maintenance charge and ground rent on the flat?