ASK448: How do I avoid New Build scams? PLUS: Do I really need a solicitor?
Oct 1, 2024
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Johnny, a property seller from London, explores how to navigate the tricky landscape of off-plan developments while avoiding scams. He seeks advice on verifying developer reliability and conducting due diligence. Meanwhile, Gary questions the necessity of hiring a solicitor for his limited company mortgage, wondering if he can tackle it solo. The discussion highlights the importance of careful research and understanding legal implications, ensuring listeners are well-equipped to make informed property decisions.
Conducting thorough due diligence on off-plan properties is essential to avoid scams, particularly by avoiding excessive deposits and seeking independent verification.
Engaging a solicitor for mortgage review is advisable as it clarifies personal guarantees, ensuring compliance with lender requirements, despite potential added costs for the borrower.
Deep dives
Ensuring Trust When Buying Off Plan
When considering purchasing off-plan properties, it is crucial to conduct thorough due diligence to avoid potential scams. A warning sign to watch for is excessive deposit amounts, such as 25% to 50%, which often indicate higher risks associated with the investment. Developers may offer 'protection' through solicitors they recommend, but this protection can be weak, making it essential to rely on independent verification. Opting for a deposit capped at 10%, ideally backed by insurance or held in escrow, can safeguard investments while still providing access to the benefits of off-plan purchases.
The Role of Independent Legal Advice
Engaging a solicitor when taking out a mortgage for a limited company is not just advisable, it's often a lender requirement to ensure understanding of personal guarantees. While it may seem unnecessary to have the fine print read, this step serves to protect the lender rather than the borrower, leading to added costs for the borrower. Fortunately, the evolving landscape now offers online services for independent legal advice that can easily assist with this requirement. Although it may feel cumbersome, fulfilling this legal obligation is a necessary part of the property transaction process.
1.
Navigating the Risks of Off-Plan Property Purchases
Happy Tuesday! We’ve got two new great questions to tackle – let’s dive in!
(0:42) Johnny’s looking to sell his London properties and reinvest in areas with better growth potential. He’s interested in off-plan developments but is concerned after hearing about scams involving unreliable developers. Johnny asks Rob & Rob how he can ensure the developer is trustworthy and what due diligence he should do to protect himself from any potential risks.
(5:25) Gary’s wondering if he really needs a solicitor to review the mortgage for his limited company and break down all the details, or if it's straightforward enough to handle on his own.
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