Questions from buyers Solictors

slacky1230

Hey guys

Just had an email with a few enquiries from the buyers Solictors and if I’m honest I haven’t got a clue what half of them mean. Would any one be able to shed any light on these before I ring them in the morning

We note that the Title provides rights in favour of the property. Have these rights ever been exercised and please advise whether the seller has experienced any difficulty in this regard? What arrangements are in place for maintenance and repair, when it was last maintained/ repaired and at what cost?unsure what this means

8. We note that the title contains a provision to maintain and repair Party walls. Please ask the seller to confirm if they have made any contributions in respect of such provision. Again unsure what this means

9. Please confirm that the seller has seen a copy of the restrictive covenants contained in Transfer dated 21 November 1988 affecting the property and that the seller has no knowledge of any breach of those covenants. Not sure I’ve seen anything about this

10. We note from the Transfer dated 21 November 1988 that there is a covenant to contribute towards the shared services. Please ask the seller if they have made any contributions during their ownership and if there is any existing liability. Again unsure if I’ve seen this

11. Please ask the seller to provide Planning Permission for the dropped Kerb. This has been in since I’ve been here. The dropped part has got the same slabs as existing pavement so I’m assuming it’s been there since the house was built

12. We note from the memorandum of sale that the Property has Patio with lawn beyond at the rear. Please ask the seller if the patio area is built over the public sewer and manhole. If so please provide built over agreement for the same. There’s a manhole that’s visible in the patio

13. With reference to memorandum of sale. Please provide planning permission for shed at rear of the property, buildings regulations approval and completion certificate. I didn’t know you needed planning permission for a shed?

Enquiries based on Protocol Forms

15. Please provide the Energy Performance Certificate.

16. The seller states in reply to question 9.1 of the Property Information Form that the seller has space to park on the driveway and off road parking. Please ask them to confirm if this parking is within the demise of the property. If so, please mark it on the plan and if not, where does the right to park arise from and has the seller made any contributions respect of the maintenance of the drive?

17. We note the seller's response to question 11.5 of the Property Information Form. Please confirm vacant possession will be provided on completion. Not sure what this means

18. With reference to question 12.2 of the Property Information Form when were the electrical works completed and if after 1st January 2005 please provide either a certificate issued by a competent person registered under the Part P self-certification scheme or a certificate issued by the local authority's building control department. Where this is not available, please provide a suitable indemnity policy.

19. With reference to question 12.3 of the Property Information Form, please ask the seller to confirm when the central heating system installed and if after 1st April 2005 please provide the CORGI Certificate together with any available guarantee. Where this is not available, please provide a suitable indemnity policy.

20. Please provide the latest central heating service report.

davidmcn

Your solicitor can take you through these better than any of us, considering they've seen the deeds and we haven't (and it's what you're paying them for). I wouldn't worry about it.

Tom99

You need a copy of the registered property title and title plan to answer a lot of those questions.
If you don't already have a copy then ask your solicitor to email you one.
Once you have read those through most of the questions should be clearer.
Then ask your solicitor about those you are still unsure of, if you still then have doubts post your question here and someone will be able to help.

sillyhilly

slacky1230 wrote: »

We note that the Title provides rights in favour of the property. Have these rights ever been exercised and please advise whether the seller has experienced any difficulty in this regard? What arrangements are in place for maintenance and repair, when it was last maintained/ repaired and at what cost? You will need your lawyer to advise you with regards to this point

8. We note that the title contains a provision to maintain and repair Party walls. Please ask the seller to confirm if they have made any contributions in respect of such provision. You are responsible for the party walls (i.e. the walls you share with neighbours - have you ever had to carry out repairs / pay for their upkeep?

9. Please confirm that the seller has seen a copy of the restrictive covenants contained in Transfer dated 21 November 1988 affecting the property and that the seller has no knowledge of any breach of those covenants.This will be in your deeds. You need to review with advise from your lawyer. Restrictive covenants may be, for example, don't cut down trees in front of the property. Review them and answer honestly


10. We note from the Transfer dated 21 November 1988 that there is a covenant to contribute towards the shared services. Please ask the seller if they have made any contributions during their ownership and if there is any existing liability. Shared services are, I believe, water and sewerage for example. Have you had to maintain/repair them and pay for the privilege?

11. Please ask the seller to provide Planning Permission for the dropped Kerb. You may not have planning permission if every house on the estate has them - advise them of such, and link them to Google Maps which confirms that every property has them

12. We note from the memorandum of sale that the Property has Patio with lawn beyond at the rear. Please ask the seller if the patio area is built over the public sewer and manhole. If so please provide built over agreement for the same. you will want to state that the paitio has been paved, however access to the manhole remains and it has not been covered

13. With reference to memorandum of sale. Please provide planning permission for shed at rear of the property, buildings regulations approval and completion certificate. This is an odd one? How big is the shed? If you don't have it, advise them that you don't. Also ask under what basis that they are requesting this?

Enquiries based on Protocol Forms

15. Please provide the Energy Performance Certificate. This is on you

16. The seller states in reply to question 9.1 of the Property Information Form that the seller has space to park on the driveway and off road parking. Please ask them to confirm if this parking is within the demise of the property. If so, please mark it on the plan and if not, where does the right to park arise from and has the seller made any contributions respect of the maintenance of the drive? This is on you

17. We note the seller's response to question 11.5 of the Property Information Form. Please confirm vacant possession will be provided on completion. i.e. will you be moving out on the day, or are you renting the property out with tenants currently in the property? If you're not a landlord, and planning to move out, you can confirm vacant possession

18. With reference to question 12.2 of the Property Information Form when were the electrical works completed and if after 1st January 2005 please provide either a certificate issued by a competent person registered under the Part P self-certification scheme or a certificate issued by the local authority's building control department. Where this is not available, please provide a suitable indemnity policy. This is on you

19. With reference to question 12.3 of the Property Information Form, please ask the seller to confirm when the central heating system installed and if after 1st April 2005 please provide the CORGI Certificate together with any available guarantee. Where this is not available, please provide a suitable indemnity policy. This is on you

20. Please provide the latest central heating service report. This is on you

Hopefully the above is clear?