Vendors names not on deeds? And other worries...

SameOldRoundabout

First off, our vendors names were not on the memorandum of sale. The space was left blank. Now we’ve had the legal forms through from our solicitors but I’ve got queries. The vendors names are not the name of the purchasers marked in the title deed. This is not a probate house, the vendors have been renting it out for around ten years and apparently lived in it prior to this. 

Secondly they’ve told us there was major work carried out in 94, two years prior to them buying it but there’s no paper trail in the legal forms they’ve sent in. And I do mean major, the entire side wall of the hoise was replaced and we don’t know why yet. I’d expected some kind of building regs completion certificate even if it predates their own purchase? They’ve also ticked yes to the question about an abnormal rise in premium costs, but no to insurance claims. 

They’ve also told us the electricity board was new in 2016, but on the PIF form they say no electric work has been carried out since 2002. I’ve raised this with my solicitor but does this all sound weird to you? 

foxy-stoat

What has your solicitor said?
Speak to the Estate Agents and find out who their contract of sale is with, they might be interested if the people selling the property dont actually have good title so unlikely they will get paid their fees.

SameOldRoundabout

The solicitor hasn’t mentioned the differing names on the title. Rightmove says last sold in 1996, but there’s some kind of change to the deeds in 2004 along with a mortgage added at that point. I guess that’s when they decided to let it out and buy a new property but I’m never see a deed where the vendors names aren’t featured at all (it’s a single lady on the deeds, different first name and everything from the wife of the couple we’re purchasing from). 

It looks like they’ve just skimmed through the PIF as they’ve said no liability is ours for party walls or drainage etc but the actual covenants state we are responsible for all party wall, drainage, guttering and roadway repairs with our neighbours. (Another query as I’m not 100% if the road is council adopted or privately owned and kept in good condition by the 4 houses)

Tiglet2

Your solicitor will almost certainly raise these as enquiries during the process and of course you have also now brought them to their attention. 

During the course of the transaction, your solicitor would want confirmation from the seller's solicitor that they had checked the ID of their clients and should there be a discrepancy between the ID of the vendor and the names on the title, the solicitor would need documentary evidence confirming that the vendor is legally entitled to sell the property. 

Similarly, your solicitor will compare the Sales Particulars with the responses on the PIF and raise enquiries on anything that needs clarifying. 

In 2004 there may have been a transfer of equity and remortgage. 

Perhaps the property was inherited and rather than sell as a probate property, the beneficiary decided to move in and then let it out. 

Your solicitor will ask about the rise in insurance premiums and if you've advised them about the wall being rebuilt, then the solicitor will want clarification on the reason why. 

Your local search will reveal whether the road is adopted and the appropriate enquiries will be made once the search is back and your solicitor has reviewed it.

SameOldRoundabout

Thanks Tiglet that’s really helpful. Our conveyancer is local but it is mostly done via email these days, leaving us without the reassuring face to face answers to questions that would take minutes in person and days by email.