Charge on Property

[Greenenvy]

Hi, we are buying a property and were due to exchange 2 weeks ago, everything was in place and at the final hour it was flagged up that there was a charge on the property.

My question is, should this not have been dealt with way in advance, the property has been through probate, whos job should it have been to deal with this?

We have since found out how much it is £1! And I think it has been paid and we now await land registry to remove it.

My second question is, can we complete before it is officially removed?

[echat11]

a) My question is, should this not have been dealt with way in advance, the property has been through probate, whos job should it have been to deal with this?

Yes it should have been dealt with along time ago, it's the responsibility of conveyancing solicitors job to check all aspects of the transaction.

b) My second question is, can we complete before it is officially removed?

No, that's the whole point of the 'charge', it would defeat the whole principle of applying 'charges' to property.

[Greenenvy]

Thanks you, so I am right in thinking this has been an error on the solictor of the house I am buying.

Is there anything legally I can do about this? They obviously will not speak to me concerning this matter so I feel my hands are somewhat tied!

Its so frustrating

[echat11]

You are clearly paying them to carry out the purchase of the house, they clearly have to carry out various checks, they obviously failed to do that, thus the delay.

The solicitors will have a complaints procedure, follow the complaints procedure, they may head off any complaint to the Legal Ombudsman by offering some compensation for the failure to carry out their work diligently.

If you aren't happy with the resolution they propose, then lodge a complaint with the Legal Ombudsman.

[Greenenvy]

Thank you, so its my solicitor that should have found it or theirs?

[echat11]

Thank you, so its my solicitor that should have found it or theirs?

If your buying the house, it's your solicitors job to carry out the 'Due Diligence'. The sellers solicitor should also do the same.
it's surprising they didn't. It's not a difficult thing to check.

https://www.unbiased.co.uk/life/home...e-step-by-step

[MIKE770]

Thank you, so its my solicitor that should have found it or theirs?

usually the buyers solicitor finds it at the last minute., 2 ways 1, it gets paid 2nd one a good solicitor knows that completion can take place and the chargers told after sale. people will say thats wrong thing to do, Nooo charges to property usually from the cowboys who buy debts for pennies and then make 1,000s and are greedy, but of course some solicitors just play non moral on these subjects. do not blame your solicitor it has been brought to his attention, and if he knew the outcome probably halt the exchange of contracts. (You must of known there was one).

[echat11]

Posted for info only - https://www.property118.com/turns-pr...rs-ago-charge/

[Greenenvy]

Thanks so much, things are starting to make sense.

i have done a bit more digging and have found the title search with the charge on, which has come from my solicitor on an email along with the final report.

no mention of the charge on the report to flag ot up to us, has she just missed this completely do you think?

should we have noticed it?

[echat11]

Posted for info only - https://www.property118.com/turns-pr...rs-ago-charge/

She should certainly have spotted it. Isn't that what her job is? They are being payed to spot things like this before things swing into motion.

Should you have spotted it, not really, because conveyancing isn't your day to day activity.

I can see you are in two minds whether to complain or not.

[Greenenvy]

Just want to make sure I understand it before I complain, the sale has yet to go through so there is an element of not wanting to rock the boat and slow things any further.

having said that we are nearing the end of the stamp duty savings and that could cost us a good few grand which in all rights we shouldn’t have had to pay!

its been a very long and stressful process even before this problem!