The Blog - Archive
February 2010
08/02/10 Some tips for buying and selling properties from solicitors D'Angibau LLP of Poole, Bournemouth and Canford Cliffs
Remember the name D'Angibau Solicitors for:
Don't instruct unqualified people to do your conveyancing - use local experienced solicitors. Avoid 'bucket shop' conveyancers and cheap deals on the Internet - use a solicitor who is convenient to you and will give you a personal service.
Always arrange a survey and test all services. Tell your solicitor if you are worried about boundaries, neighbouring properties etc. so these can be checked.
Never pay money up front before contracts are exchanged - hand funds to your solicitor to pay at the right time.
Give enough time to find another property, to apply for your mortgage and to make the moving arrangements; don't set a date too early because you will be disappointed. Most important: don't pack before contracts are exchanged and you have a moving date fixed.
Information Forms on your sale: On a sale you will need to supply a lot of information to your buyers so keep all your planning permissions, guarantees, etc. handy. Some of these will be required for the Home Information Pack, which has to be prepared before your property is marketed.
Be active on your sale and purchase; keep in touch with your seller/buyer, the agent and us.
Advise your solicitor if you are going on holiday during your transaction so he knows where you are! This will give time to have documents signed in advance.
Under no circumstances pay money 'under the counter' to save Stamp Duty - it's illegal!
Set aside time to look through the information and advice on your new property provided by your solicitor at least twice so that you are confident of what you're buying.
Open your mind to all deficiencies in a property. It is too easy to have your heart set on a property and to ignore major faults.
Listen to your solicitor, especially when he is telling you things you may not want to hear. Don't forget, we have your interests at the heart of everything we do.
Inform adult occupiers of the property in good time if you need them to move out, as they may have paperwork to sign and may need to make their own arrangements for removals or accommodation.
Calculate whether you may need additional funds for moving costs. Take financial advice and depending on that advice you may need to make early arrangements with your bank to withdraw deposits or increase overdraft or credit card limits to provide a safety net.
Insure the property you are buying from the date that contracts are exchanged, not from your moving date.
Take your time over the final documents to make sure your details are correctly recorded, in case the information you gave your solicitor at the beginning has changed.
Order your removals and delivery of new furniture only once contracts are exchanged and you know your moving date. If you don't, you'll give yourself an extra job to do in re-arranging at a later date and increase the pressure on yourself.
Re-visit the property you are buying on several occasions, at different times of day and night, so that you can see as much of the neighbourhood as possible. Internet research is no substitute!
Store your property deeds with a solicitor and ensure you make a note of your file reference number for the future.
Do you want to know more? Email Sue Benoke for our free 'Guide to Buying your Own Home'
by Roger Turner
04/02/10 Who is drafting my Will?
Solicitors have been campaigning for some years to alert the public to the dangers of having Wills drafted by unqualified will writers, but it appears from a recent survey that we may not have been trying hard enough. A survey by the Law Society of more than 1,000 people revealed some astonishing results.
- 67% of those surveyed (680 people) wrongly believed that all 'will writers' are solicitors.
- 82% (830 people) wrongly assumed that training and qualifications are required before someone can write a will for someone else and call themselves a 'will writer'.
03/02/10 Sir Cliff's Conservatory
It would seem that contrary to popular belief, pop mega stars are again shown to be affected by the general law just like the rest of us, as no lesser man than Sir Cliff Richard has been ordered by the local authority to demolish a conservatory reportedly worth some £30,000 due the lack of planning permission. The case raises some interesting planning law issues, the most important in this case being that not all conservatories fall within "permitted development rights" and therefore require an application for planning permission before construction. Retrospective approval can be obtained, however home owners run the risk, as in Sir Cliff's case, that the local planning authority refuses consent.
The local planning authority cannot take enforcement action more than 4 years after the original construction unless it is carried out in breach of an existing planning condition and it could be argued that the local planning authority may never have been aware of the construction if Sir Cliff had not been required to apply for retrospective planning consent as a condition of selling the property.
At D'Angibau, our experienced residential property team have encountered numerous examples where planning permission has not been obtained for a development and are never short of helpful and practical advice for our clients. On a number of occasions we have been able to take steps to protect buyers from the risk that the new conservatory added to the property just before sale will not be demolished after completion. This is one of the reasons why our clients return to us each time they move house. For further information please contact
Fiona McArthur at our Poole Nuffield Office, Lesley Curtis at our Canford Cliffs office or Babs Rowe at our Boscombe office.
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