What searches does my Ashton Under Lyne conveyancing solicitor carry out when instructed on a Ashton Under Lyne flat?
Normal legal protocol will be to obtain Local Authority (personal or official), Drainage and Water Search (CON29DW), Environment Search and Coal Mining, and possibly less common searches e.g. a HS2 Search.
Do you need to get a chancel search? We are buying in Ashton Under Lyne.
Chancel liability repair costs can run into £100,000s, which owners of affected property will be compelled to pay on demand to the Ashton Under Lyne Church council. Parochial Church Councils in Ashton Under Lyne must register their interest over property by October 2013, simplifying the chancel search process. A conveyancing lawyer will be able to advise as to whether a chancel search is necessary, and recommend suitable insurance.
Can I withdraw my offer on a property at any time?
When you make an offer on a house that has been accepted by the vendor, you can ask them to take it off the market as part of the acceptance. If you are selling, you can show your intent by agreeing to remove it from other potential buyers’ interest.
As a buyer, you can withdraw your offer at any time (and, as a seller, you can reject an offer at any time) up to the exchange of contracts, which means you are now legally committed to go through with the transaction at the agreed price. You should check your contract with both the estate agent and your conveyancing solicitor as there may be fees and other penalties associated with pulling out of the transaction after the offer was initially agreed.
If you decide to withdraw from the contract after exchange, then you are in breach. This means, if you’re the buyer, the seller is entitled to keep whatever agreed sum has been set for the deposit, and could claim damages; as the seller, you will be liable to pay interest accrued during the Notice to Complete period as well as the deposit, and the potential for claiming losses, and the buyer has to return everything about the property at the seller’s expense.
Can I agree a sale price without involving an estate agent or solicitor?
This depends on whether you have signed up with an estate agent and what agreement is already in place. While it might seem unfair if you’ve found a buyer outside of the estate agency process and you’re expected to still pay the agent their fees on sale, you should be very careful about stepping outside the agreed terms and conditions since this is legally binding and you may face penalties as a result. Therefore, if you want to follow this course, it’s worth checking the details with a solicitor to ensure you’re following the letter of the law.
If you’re not with an agent, you can publicise your house details with a number of publications and online sites (some are free, others require a fee), but you’ll need to do all the legwork and administration. For a legal standpoint, you don’t need to appoint a solicitor to perform the conveyancing, but it would be an unwise option to pursue as you will probably have neither the training or experience in some its complexities, and you won’t have the protective indemnity insurance in the event of a problem arising with your work.
How is contaminated land in Ashton Under Lyne identified?
Land in Ashton Under Lyne may be contaminated by numerous factors caused by man and by nature, and an environmental search will confirm that a house could be affected by contaminants in Ashton Under Lyne such as radioactive substances in the region and limestone or gypsum quarrying.