specialist property solicitors Archives

Jun 16

Can I be forced to paint the outside of my house?

MY neighbour is having the outside of his house painted to put on the market and mine is looking very tatty next to it. He says the state of my property is now affecting the value of his and has asked me to get mine repainted. He is threatening me with his solicitors. Can he do this?

NO he cannot. If your property is very dilapidated due to lack of maintenance then the only remedies available to your neighbour would be a local authority enforcement notice declaring the property to be in a dangerous state which would require you to carry out urgent repair works for health and safety reasons, or action by an estate owner who may have the benefit of a restrictive covenant for repair should you live on a development where all properties are subject to various covenants including an obligation to keep the property in a good state of repair, and to decorate the exterior of the property, say, every five years.

Feb 28

How to sell home without an Estate Agent

We have sold our house in Newport without using an Estate Agent to somebody we know. What are the next steps? I know that our buyer needs to instruct a solicitor and have a survey done for his mortgage lender, and we need to instruct a solicitor. Is there anything else to be done at this stage?

You need to find an experienced and reputable lawyer to act on your behalf, and often personal recommendation is advisable. Request quotes from various law firms but remember that conveyancing is also a specialist area. Those solicitors with a good reputation in the property field will be structured and geared to drive your transaction forward as soon as possible and at the most competitive price.

If you are in possession of your Title Deeds you will need to supply these to your solicitor to enable him or her to issue draft contract papers. You will also need to complete property information forms and a list of fixtures and fittings detailing items included or available for sale in addition to the purchase price.

It is essential you instruct your lawyers promptly to avoid delay as the buyer’s solicitor is unable to do anything until he is in receipt of draft contract papers. In fact, it is arguable that you should consider your preferred lawyer before your property is sold. He may be able to provide you with impartial and crucial advice before the process starts.

Above all else, be aware of recommendation by third parties based on a referral fee being received as this does not always represent the best advice in view of the financial incentives involved for the referrer.

Feb 28

Cut estate agent out of conveyancing fee

Why has my Estate Agent quoted me a figure of costs for conveyancing which is greater than the quote that I have received directly from the same solicitor?

Referral fees. You should always obtain your quotation for the conveyancing work directly from the lawyers of your choice as increasingly you will find it cheaper than that quoted to you through a third party.

Any difference, of course, represents a referral fee – or a fee payable to the third party introducer. There is absolutely no reason why a seller should have to pay a higher total fee for his conveyancing if arranged through an estate agent than he would otherwise have to if he instructed his choice of solicitor direct. This is because the agent is receiving a payment for simply referring the business to their chosen firm of conveyancers.

Specialist property solicitors have for many years adopted highly competitive fixed fee rates which pale into insignificance in comparison with other costs involved in the selling and buying process. To ensure that you only pay the amount actually charged by the solicitor, you should obtain your quotation directly from the solicitor, cutting out these unnecessary additional fees paid to the agent by way of referral fees.

If you have a recommended solicitor, whom your friends or relatives have spoken highly of as a result of their own personal experience, this is the best recommendation you can get and you should approach that firm, or any solicitor of your choice, direct to ensure that you are not paying a penny more than they actually receive for undertaking the work.