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A Guide to Property Law for Homebuyers

The world of real estate is both appealing and unpredictable. Buying a new home is a significant change and can be as exciting as it is daunting.

However, property transactions don’t always go smoothly. In such a complex transaction, there are a number of issues that may arise. This includes problems with legal documents, mortgage offers, misrepresentation of property, and other relevant disputes.

However, at Wayman and Long, we can help any potential, or current, homebuyers to understand these challenges in greater detail and provide legal support from our dedicated team of experts if these should arise.

Understanding Conveyancing and Common Challenges

Conveyancing is a well-known legal process that includes the transfer of property ownership from one person to another. The process includes: negotiations between parties, drawing contracts, handing over the deeds, and transferring funds from the transaction.

With so many intricate steps over the course of the exchange, there is always a possibility that not everything goes to plan. Some of the most common causes of property disputes are:

  • Legal Document Issues: This covers contract issues, complications with the land registry, as well as problems with any other relevant documents.
  • Mortgage Offer Issues: Providers may withdraw their mortgage offer, which can set back the entire process.
  • Land Registry Complications: Problems with registering the property can prevent the final transfer of ownership.
  • Problems with Deeds: Proof of ownership in a sale is essential, something that is extremely difficult without the deeds.

Wayman & Long Solicitors appreciate how stressful these situations can be when trying to buy a new home, which is why our dedicated team are ready to help in any situation.

Navigating property law is made far more manageable when there is expert legal guidance every step of the way. Our team are experienced in all types of property disputes and can provide advice on any issues that have surfaced during a transaction.

Mortgage Disputes

Mortgage problems are one of the more common legal issues in property law. It can be difficult for homebuyers to obtain a mortgage, whether due to their salary or other circumstances, but it’s not always straightforward once this has been confirmed.

Mortgage providers can withdraw their offer due to a sudden change in circumstances or if new financial information is brought to light. This can delay or halt the sale entirely as the homebuyer will no longer have the means to purchase the property.

Usually, the change in situation is due to the loss of a job and, as a result, the provider is no longer confident that the buyer can make their repayments. In these cases, solicitors like Wayman & Long can intervene by negotiating between the lender and buyer in order to establish an agreement where both parties feel secure within the contract.

A solution could come from a new job offer, an increased deposit, or an altered repayment plan. Wayman & Long will provide support throughout the process so that our clients can purchase the property that they want.

Misrepresentation of Property

Property misrepresentation is another area of property law which refers to sellers offering false or misleading information regarding the property. Examples include false statements surrounding dampness, flooding, drainage issues, Japanese knotweed infestations, or other known problems.

Here at Wayman & Long, we understand the stress and disappointment that comes with misrepresentation which is why we are committed to helping our clients seek justice. Common resolutions for such situations are cancellation of the contract or financial compensation for the buyer.

Difficulties with Title Deeds

The deeds to a house are a vital document as they prove ownership of the property. Challenges occur if the deeds are either incorrect or not present.

However, Wayman & Long can help homebuyers by protecting their rights if the sale does not go through due to the loss of the deeds. Furthermore, we will assist in examining the document carefully to check for any inaccuracies in order to prevent any future legal troubles.

Land Registry Issues

For a transaction to move forward seamlessly, it is recommended that the property in question is registered with the HM Land Registry which provides digital title deeds.

If a property is not registered, the process may suffer from timely delays. Our dedicated team of solicitors will negotiate with the seller so that the registration can commence promptly, as well as address any other issues within this area of property law.

Contractual Errors

Conveyancing is a process based on contracts, so it is essential to get these correct. Wayman & Long empathise with how difficult it can be to navigate these, which is why we offer professional help drafting and finalising all contracts.

With our client’s best interests always kept in mind, we will ensure that the final draft represents the homebuyer’s wishes and that any errors or disadvantageous clauses are caught before the document is signed.

Why Choose Wayman & Long for Property Law?

Wayman & Long are experts within the legal field, and property law is no exception to this. With competitive pricing, excellent legal advice, and emotional support throughout a difficult process, we offer a full package to every client.

We will guide all homebuyers through any situation they are facing efficiently and meticulously, helping you to feel the excitement of buying a new home again. Get in touch with our team to find out more.

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