Buying a house - how to check any legal issues?

Surrey_EA

london.cidade wrote: »

I've started my mortgage application, the bank asked about building insurance, no response from the EA.

What response are you expecting from the EA at this stage?

london.cidade wrote: »

The seller has put an offer on a house, the EA promised to inform me about the developments, yesterday.

Maybe there is no news to report yet.
Sometimes events down't move terribly quickly in the world of buying and selling houses, and it may be an idea to adjust your expectations as to how often you get updated. However, a decent EA would have called you if only to tell you they had no news, but my experience is that decent ones are few and far between.

london.cidade wrote: »

According to my written offer, also verbally agreed during negotiations, after the offer has been accepted, the property immediately would be taken off the market, and sale agreed/sold board would go up in 48 hours. no response from the EA.

Have you checked Rightmove to see if the listing shows as under offer/sstc?

london.cidade wrote: »

As you said, we are at the beginning, I don't wanna rush the things. But I'll pay the initial fee of solicitor soon as well as the booking fee and valuation fee for the mortgage. I don't wanna learn expensive lessons, trying to minimise the risk.

ps: sorry to OP. Although this is sort of communication problem related to the thread, not directly related to solicitors.

If the vendor from whom you are buying still needs to find, I would probably not be spending much money at the moment. Wait until the chain is complete for progressing further.

london.cidade

Surrey_EA wrote: »

What response are you expecting from the EA at this stage?

Maybe there is no news to report yet.
Sometimes events down't move terribly quickly in the world of buying and selling houses, and it may be an idea to adjust your expectations as to how often you get updated. However, a decent EA would have called you if only to tell you they had no news, but my experience is that decent ones are few and far between.

Have you checked Rightmove to see if the listing shows as under offer/sstc?

If the vendor from whom you are buying still needs to find, I would probably not be spending much money at the moment. Wait until the chain is complete for progressing further.

it is an Edwardian split level, Mortgage adviser wanna learn if the entire building (ground+ split) is covered by a single insurance and paid via service charges. Or each flat has an individual insurance. anyway, I gave EA contact info to the mortgage adviser.

Yes, it is still on Zoopla and Rightmove, not listed neither under offer nor STC.

lastly, the property that the vendor tries to secure is a chain-free one.

thank you

agrinnall

Is the solicitor one recommended by the EA? Or did you find the solicitor indepndently? If it's the former then although they are working for you they have no intention of doing anything that might upset the EA if they can possibly avoid it.

AlexMac

There seem to be two people here asking diffrent questions;
if the OP illusionek is near exchange of contracts all I can do is stress that in the case of each of my last half dozen purchases the solicitor has done as Surrey_EA say;

Surrey_EA wrote: »

In my experience most solicitors will prepare a report on the title of the property, and their associated investigations, and draw your attention to any issues they have discovered within the searches, the planning history and their inquiries with the other solicitor.
It may be that your solicitor has not got to this stage yet and a detailed report will be provided to you before you exchange contracts.

In fact, my solicitors would not let me exchange until they knew I had received, read and acknowledged the points in this "report on title" together with all the other stuff that they should be advisng you on. Usually in a face-to-face meeting, but on one occasion, whan I was far away, they insisted I find an internet cafe and email them back to say I'd downloaded, read and understood their report.

In another case when buying a place at less distance, the solicitor sent me a neatly packaged report, summarising, explaining/ interpreting, and attaching copies of

• the "title" (including asking me to physically inspect the place to confirm that what I was buying and its boundaries aligned with the red-lined plan from the Land Registry) - and that a couple of "protected trees" thrown up by the search were still there
• any issues or restrictions about access or communal spaces or grounds
• any issues from the local authority search, drainage/flooding/water report and environmental searches; confirmation that my lender is happy with these
• if a leasehold property, lease terms (such as limits on sub-letting) and length of the lease, plus evidence oof insurance of the property by the freeholder (n/a if you are buying freehold- unless its a "flying freehold) and whether shared freehold, or if not, who the freeholder is
• if a leasehold property,ground rents, service charges and what these cover, maintenence and management arrangements, managing agent or DIY by shared freeholders, freeholder accounts for recent years and any future known planned maintenance or statutory notices
• the vendor's (and, if a leasehold place, the freeholder's) responses to standard enquiries; such as whether any building work or window replacement has been done, and if this had any required certification, any history or evidence of boilers being maintained. the asbestos check (only required to common areas in leasehold flats), neighbour disputes, names of utilities suppliers, wheter there's a water meter, and whether they are leaving you or selling you any fittings like washing machines, fridges, carpets or curtain poles, etc
• and more stuff I've probably forgotten

So if that isn't happening or doesn't happen, I'd drop them a letter or an email (so you have a written record) to say you are not able to sign the contact until they report to you; rather than drip-feeding you with pieces of what they have found.

Then, if they fall short of a comprehensive report to you, and if later you find they've missed something that costs you or devalues the gaff, you can invoke their in-house complaints procedure, then progress it to the Law Society or their regulator (google complaining about solicitor...). Or if really miffed, you cam complain anyway, although by then hopefully you'll be too busy in your lovely new house?

And, london.cidade, (who I assume is different from Illusionek the OP and is just butting in on this post?);

• if you and your solicitor haven't actually had the memo of sale from the EA?
• and you haven't given the formal written go-ahead (an "instruction" ) to your solicitor (mine always exepect "200 or so before even starting the searches)
• and the place you want to but isn't even off the market...

You haven't really bought it yet have you? So you have a day or two

• to find a better solicitor than Illusionek the OP?
• to look on your Council's website for any current or recent planning applications for the street and surrounding ones
• to spend a few quid getting the title from the Land registry
• to google the freeholder if it's a leasehold flat (I did this once and found a failed "Right to Manage" leagl action by disgruntled flat-owners
• and any other local practical research such as visiting the area at night or the weekend to see if there are any feral youth or noisy parties or drag racers...

Good luck to both of you

G_M

Best advice for illusionek is in post 2 above.

Trouble is many FTBs choose a cheap online conveyancing warehouse where that may not be possible.

As for the thread hijack by london.cidade, the EA is NOT going to help you with legal matters, insurance, conveyancing etc. Talk to your conveyancer.

And for both of you: get a book on house-buying so you can understand the entire process! Free from your library!

Belalou1964

I too have just completed on a house 10th March 17. I have now found out the Local Searches didnt show a major road junction about to take place and we are SLAP BANG IN THE MIDDLE. How do I know? someone chopped down our beautiful tree which stopped the view of the road, kept the noise to a minimum and was basically beautiful. Now we have a stump. On enquiring it looks like the Local Search failed to show up the plans which had been passed.

Who would knowly buy a property which is about to be in the middle of the new junction with traffic lights and road widening ( hence chopping down our tree as well as 5 others which where all over 80 years old) to add insult to injury, we paid £300 for a tree specialist to survey the tree for the mortgage company. Now we have no tree.

So all I can say is, enquire to the fullest and don't sign anything unless you do it in front of the solicitor and she points out all the pitfalls that could be an issue.

My house is basically now worth ALOT less than we paid PLUS we have a road junction and will never be able to sell. TIME TO SUE someone