Residential Conveyancing Case Studies

Mr Sam Jackson – Purchase

Clear Law Solicitors work on a competitive fixed fee basis and whilst dealing with Mr Jacksons’s conveyancing of his purchase property we encountered various queries not always expected in a more straight-forward transaction.

The purchase property had undergone an a typical amount of alterations and extensions over its lifetime and this led us to necessitate raising a large amount of additional enquiries. These were various in that some were more straight forward queries; however a large proportion were regarding works to Mr Jackson’s proposed new property.

When we reviewed a copy of the survey we noted this highlighted various walls had been removed, extensions had been erected and a dormer created. There now seemed to be inadequate floor support as the ground floor ceiling was bowing.

Unfortunately, when we enquired, no documentation was available for these works and answers were difficult to obtain from the Seller's Solicitor. Sometimes property owners do undertake work without the appropriate paperwork being in place and Clear Law are well versed in how to deal with this. However on this occasion there seemed to also be confusion over dates and different information being passed directly from Seller to Buyer, which contradicted information in the survey. This in turn made the whole process more complicated and convoluted to deal with.

As part of our role as acting on behalf of the purchaser, Clear Law commissioned various searches on the property and reported to Mr Jackson once the results were available.

Due to the nature of the alterations and bowing ceiling, we consulted with Mr Jackson and also arranged for a building company, whom we have dealt with previously, to attend the property. This negated Mr Jackson from having to take time off work and ring out to source a reliable builder. The purchase of a property can be a stressful event and Clear Law strives to make it as relaxed and easy as possible for our clients.

After the builder reported back to us and Mr Jackson, it was clear the ceiling was not safe in its current form. We liaised with Mr Jackson and the estate agent so the builder could have access to the property in order to install adequate support in the ceiling prior to completion, at the Seller’s expense.

Assisting Mr Jackson with these items meant he was able to complete the transaction of the property a few days after the works were finished. He did not have the task of either buying a property which was not suitably safe, or having to undertake the upheaval of finding a reliable builder and dust and mess in his new home, rather than enjoying it!

Mr and Mrs Hampshire – Sale and Purchase

Mr and Mrs Hampshire were originally purchasing what they thought was a fully renovated property.

Clear Law Solicitors received a contract pack and, as is usual when undertaking a high standard of conveyancing, we raised various additional enquiries with the Sellers Solicitors and commissioned various searches on the property.

However, when we received the replies to our additional enquiries we were informed that further works were still outstanding on the house.

As it was important to Mr and Mrs Hampshire that the property was fully renovated and “good to go”, this was the last thing they wanted to hear. After various negotiations Mr and Mrs Hampshire actually found an alternative property and decided to withdraw from the original purchase. It is important to Clear Law Solicitors that our clients purchase the most suitable property for them and are fully aware of any obligations they will have as owners of their new home. Clear Law work on a competitive fixed fee basis and if a client does withdraw from a transaction, such as Mr and Mrs Hampshire did they do not incur any extra legal fees.

Upon receiving the contract pack for the new property Clear Law duly raised our additional enquiries and instructed the usual searches.

The new property was empty and when Mr and Mrs Hampshire received the results of their survey the property was found to have some damp. During our time dealing with conveyancing transactions Clear Law has collated a database of reliable businesses whom we have used in the past when further investigations may be needed to a property. As was necessary with this purchase Clear Law arranged for a Damp Proofing specialist to attend the property and suggested that Mr and Mrs Hampshire went along whilst the inspection was undertaken. This would also give them time to ask any questions if they wished.

Mr and Mrs Hampshire had a large dog and the property had a long driveway to the side. They wanted to put gates up at the property so their dog had more space to be outside in safety. The dog was an important part of their family and obviously the house needed to suit him too! Due to the nature of the location of the gates the neighbour’s consent was needed. It was discussed with Mr and Mrs Hampshire and suggested that whilst they were at the property with the Damp Proofing specialist, they should have a chat with the neighbour and explain what they would like to do. There is no point thinking this could be dealt with after completion as it was very important to Mr and Mrs Hampshire and if the neighbour had disagreed this could easily have spoilt their enjoyment of the new home. Happily their negotiations were successful and the neighbour was more than happy for the gates to be erected.

Once Mr and Mrs Hampshire had completed the transaction and moved in to their new home the next day Mr Hampshire rang us to say they were struggling to get the boiler to work properly. Clear Law managed to obtain copies of the boiler instructions from the internet which helped our clients fix the problem and more importantly, be able to have a hot shower!

Our clients are now happy in their new home and the dog is too. 

 





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