Although the main concern for Solicitors is to ensure that their clients acquire good title to the house they are buying, they will also raise enquiries relating to many other legal aspects of a property transaction.
When Property Lawyer Dawn Thomas was carrying out the Conveyancing in Birmingham for clients Mr and Mrs W, she had to raise several enquiries concerning planning matters, as well as entering into discussions with the seller’s Conveyancers about the sale of some furniture and other items.
The clients were purchasing a semi-detached residence on Hemlingford Road, Birmingham, West Midlands B37, which was registered at the land registry with absolute freehold title. The sellers’ were represented by James Pearce and Co. of 34A Walmley Road, Walmley, Birmingham B76 1QN, and they sent Dawn the contract and evidence of their clients’ title. They also sent Dawn replies to the usual information forms completed by the vendors, including a list of the fixtures, fittings and chattels to be included in the sale.
Birmingham Conveyancing forms, fittings and fixtures
From the replies on the information forms, it appeared that new windows and a new gas boiler had been installed within the last few years. Dawn had to ask for copies of a FENSA certificate for the windows and evidence that the boiler had been installed by a qualified engineer, as evidence that the works complied with relevant government regulations. As works which fail to comply might cause future problems for new owners this is an essential check carried out as part of Conveyancing in Birmingham.
Dawn sent a copy of the list of fittings to her clients, and asked them to confirm that it was correct. They replied that it was generally in order, but they understood that the sellers were also prepared to include some additional furniture in the sale price.
Disputes do often arise after completion as to what should be included on a transfer. Items which are legally classified as fixtures and fittings are deemed to form part of a building and should be included. There is a lot of case law about what is included in this term but it is often difficult even for lawyers to determine how any particular item should be classified. For this reason it has now become standard practice for a list of all items to be prepared so that buyers can see exactly what is being included.
Where additional furniture or other items (known in law as ‘chattels’) are to be sold, either included within the sale price or at an additional sum, then it is preferable that this is noted in the sale contract.
In this case the owners agreed to sell some conservatory and bedroom furniture for an extra amount, and Dawn agreed some additional wording to be added to the sale contract to cover this.
As is seen, there is more to the work your property lawyer Conveyancing in Birmingham undertakes than merely completing a few forms!
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