Conveyancing - not getting ripped off

G_M

[QUOTE=scarletjim;45533544
With covenants, do you know how common the restriction is on who lives in the property? On leasehold it's common to need the freeholder's permission "not to be unreasonably witheld" if you want to let the property - it has insurance implications for example where there is a block insurance for a building Perhaps I should seek this info from the builder before I even bother appointing a solicitor...
not sure what restrictions you are concerned about? Some developments are designed for retired people so 'over 60s only' etc
Yes, if in doubt, ask!

EDIT: But isn't there also a legitimate reason for lower fees, that they don't need to have a physical office in a sometimes expensive location (I live right in the middle of town)? Not saying your reasons are invalid, of course they're not, but surely there are also legitimate reasons for online being genuinely cheaper?[/QUOTE]
True, but if you don't ask you won't know if their low fee is beacause of their cheap location, or cheap personnel!

scarletjim

My property is freehold (presumably potentially fewer restrictions?), but it's in what looks like quite a posh family development. I am likely to rent out a couple of rooms to friends, and this entry regarding restrictive covenants (from Wiki...) concerned me:

'Some restrictive covenants may govern what color a home's exterior is painted, what and how many exterior decorations are allowed, where cars are allowed to be parked, or even who lives in the house (outside of the owner's nuclear family).'

Just wondered if they might sell them with a promise (i.e. Res. Cov.) to only allow immediate or extended families etc to avoid groups of young kids partying all night etc, but thereby also excluding people like me (who have the utmost respect for my neighbours). Unlikely I think as they'd presumably be too expesnive most a group of young kids (no offence intended to anyone btw).

Suppose I'd better ask the estate agent tomorrow to save wasting mine and everyone else's time...

devotee

EA are unlikely to know all the covenants unless they've seen the copy of the deeds. Perhaps ask them to obtain a copy of the deeds from the vendor's solicitor, not sure if that will happen but at least you've asked.

Another popular thing with new developments is to have communal areas with landscaping, you would be also liable for the upkeep of those through service charge.

There was this house in a new development that I was thinking of buying and they landscaped areas accessible to ALL, not just the residents and each house was liable to pay around £500 per year for the upkeep.

G_M

Oh for gods sake.... wiki!!.....

yes, some developers want to ensure a development remains 'in keeping' so may restict colours/exteriors/height of fences etc, but very rare for this to include who lives there.
Your insurer will need to know you have lodger(s) or the insurance may be invalid, but this is usually a formality (unless you are letting the whole property to tenants).
And your mortgage provider may need to know - again unlikely to be a problem unless it's a tenant.

I think you are worrying too much, but ask (though whether the estate agent will know, I doubt. And if they give you an answer - I wouldn't rely on it anyway - it's legal and EAs don't do legal.........not even the 'well known' ones :rotfl:)

googler

If the EA's client (the seller) is also using their solicitor, won't there be a conflict of interest if they act for you (the purchaser) too ???

Wouldn't you be better with your own choice of solicitor or conveyancer to represent your interests?

scarletjim

Just to catch up on last night's helpful advice

Yes I do have to pay a maintenance charge, but only £200, better than the £2k I'm paying now for flat (as it has a gym I never use and lifts that never work lol)

Indeed I am definitely not using the EA solicitor - just trying to decide between 'cheap but could go wrong' on-line, or 'expensive but local'...

Ok GM maybe I am worrying too much, but with such a big purchase in your life, you don't want to get something wrong. Will ensure solicitor gets confirmation.

timmyt

scarletjim wrote: »

Many thanks for the useful advice. Having trawled through months of threads about the issue of local / traditional solicitor v on-line, there seems to be good and bad arguments both ways...

I have been looking at Adobe Conveyancing for 4 reasons:

1. It's cheap! top of your list is cost...you are going to come undone, as you want something very important done, for nothing, or as close to nothing as you can get, so how do you expect your conveyancer to have much more respect for your move

2. It lists exactly what is and isn't included. yeah right! wait for the small print

3. It asks for the postcode, so less estimation in the searches fees. ? once you give an address, every lawyer is exact on cost
4. I'm assuming that because I'm buying a new house from a well known builder via a well known estate agent, and there is no chain involved for them or me, this will be straightforward fatal words, whenever a client says it will be straightforward, it isn't. always! and difficult to screw up.new builds are far more work that other properties, as the Developer sends a pack (usually poorly produced) and with stacks of documents the lawyer needs to read. New builds have 20 extra things to llok for than a regular purchase, and if I did a pop quiz, most conveyancers would fail the top 20 list Is that a foolish assumption? yep, as even conveyancer screw up, and they are paid to know what they are doing

Would welcome any more views before I take the plunge...

traditional v online, the former win hands down ALWAYS. don't use my firm, but certianly dont go internet - here one day, dot com the next.

knowhere do you tell us about the person dealing with the work. conveyancing can be 99p but if you get the cleaner the mistakes will cost you thousands. why do you think so many people get caught out and post tales of woe on this site?

conveyancing is all about the actual individual who does the legal work. multiple people spell trouble so avoid. one dedicated person is a MUST. Then make sure they are an actual 'solicitor' or 'Legal Executive'. Rare to get either as firms make profit out of you as a client if they can charge a solicitor fee, but give you a dumbed down person....as they know you wont think to ask about the person actually looking after you....so catch them out at their own game...... so many people say 'my solicitor' this and 'my solicitor' that but the sad thing is, they dont have a solicitor, far from it in many cases.

good luck

jimjames

Very similar level of quote and items to the one recommended by my estate agent. My local firm that I've used for my last 3 purchase/sales came in about £450 cheaper and are round the corner from me so I can drop off/sign documents very easily. As well as being cheaper I have more confidence in them although the person doing the work isn't the same one as before, the firm overall has the same owners.