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Pre-contract enquiries - help please!!

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  • longwalks1
    longwalks1 Posts: 3,837 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    GM - OP is the buyer!

    Really easiest to ask solicitor the significance of the queries and they will make sense to him.

    If the 1987 transfer refers to an earlier conveyance then theta conveyance may contain restrictions and obligations that you might need to know about. Only your solicitor can tell what he suspects might be the case.

    If ther is restriction registered in the proprietorship register then this could be something like that the property cannot be sold without the consent of some third party parents of owner who leant him money to buy it?) In most cases the sellers can organise its removal - but your solicitor has to check that that will happen.

    Thanks Richard, I have a feeling it was something like that, someone was named on the deeds from the 1940's or 50's I think (cant remember what it said about them though) but I thought the same, is this a common thing? My solicitors have asked the seller to ensure they undertake to get it removed, just wondering will this hold up my move as aside from this 1 outstanding enquiry, everyone is ready and chomping at the bit!
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    If it is straightforward, the seller's solicitor will give a 'solicitor's undertaking' to have the restriction removed on Completion.

    Obviously he would not give such an undertaking unless he knew he could do so.

    It will delay matters by the length of time it takes to write and send a letter - though as it will probably done in parallel with other legal actions, there will be no delay at all.
  • longwalks1
    longwalks1 Posts: 3,837 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Many thanks (again) G-M
    Am hoping to exchange tomorrow or Tuesday with a view of completing Friday, fingers crossed!!!!
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