I am acquiring a new build apartment in Ashton under Lyne and my solicitor is advising me that she has to the bank to reveal incentives from the seller. I am under pressure to exchange and I would rather not prolong deal. is my lawyer playing by the book?

You should not exchange unless you have been advised to do so by your property lawyer. A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook provisions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.

I am helping my sister sell her house in Ashton under Lyne. Does the conveyancer arrange the energy assessment or do I organise this?

After the abolition of Home Information Packs, energy assessments was retained a compulsory element of moving house. An EPC must be to hand in advance of the property being advertised. This is not something that law firms normally arrange. Where you are instructing a Ashton under Lyne conveyancing lawyer they may be able to arrange EPC’s given their contacts with reputable Ashton under Lyne energy assessors

Two weeks ago we had a mortgage agreed in principle with RBS. Ashton under Lyne conveyancing solicitors have been chosen. How long does it take for RBS to send the offer to the solicitor?

Some lenders take longer than others. Have RBS conducted the survey? Have you informed RBS as to your lawyers' details and checked that your lawyers are on the RBS conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.

I can not fathom if my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called into my local Ashton under Lyne bank branch on numerous occasions and was advised it wasn't a problem and they will lend. My Ashton under Lyne conveyancing solicitor - who is on the bank conveyancing panel- called and was told they would not lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?

Provided that the lawyer is on the mortgage company approved list, she or he must comply with the CML Handbook requirements for the bank. Unless your lawyer obtains specific confirmation in writing that the mortgage company will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.

About to purchase a new build apartment in Ashton under Lyne. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.

Set out below is a sample of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Ashton under Lyne

Please supply a car parking plan. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Please confirm the Lease plans are architect prepared. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme.

Completion is due on our sale of a £150,000 maisonette in Ashton under Lyne next Monday. The managing agents has quoted £348 for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Ashton under Lyne?

Ashton under Lyne conveyancing on leasehold apartments often requires the buyer’s solicitor sending questions for the landlord to address. Although the landlord is under no legal obligation to address such questions most will be content to assist. They are entitled to levy a reasonable administration fee for answering enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the paperwork that you are referring to is £350, in some transactions it exceeds £800. The administration charge levied by the landlord must be accompanied by a synopsis of entitlements and obligations in relation to administration charges, without which the invoice is technically not due. Reality however dictates that you have no choice but to pay whatever is demanded if you want to sell the property.

Leasehold Conveyancing in Ashton under Lyne - A selection of Questions you should consider before buying

This question is helpful as a) areas can result in problems for the building as the communal areas may start to deteriorate where services remain unpaid b) if the leaseholders have a dispute with the managing agents you will wish to have all the details Best to be warned if a new roof is being put on or some other significant cost is due shortly to be shared between the leasehold owners and could well dramatically increase the the maintenance charges or require a specific payment.

My partner and I are buying a 2 bedroom flat in Ashton under Lyne. At the point of instructing our property lawyer, they assured us that they were on all mainstream mortgage company panels. Our mortgage broker contacted us just now to say that they don't appear to be on the Kent Reliance approved list. If it turns out to be true, what should we do? Should we simply find a new lawyer that is on their panel or do we cover the costs for separate representation, with Kent Reliance appointing their own approved conveyancing practitioner.

If you are purchasing a property needing a mortgage it is standard for the buyer’s solicitors to also represent the purchaser's lender. In order to act for a bank or building society a lawyer has to be on that lender's conveyancing panel. An application has to be made by the solicitor to the lender to become a member of the lender's panel and there are increasingly strict conditions which the lawyer has to meet. Some banks now insist their panel firms to be part of the Law Society’s Conveyancing Quality Scheme. Your conveyancing practitioner should contact Kent Reliance and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You are not legally obliged to appoint a law firm on Kent Reliance's conveyancing panel as you are at liberty to use your preferred Ashton under Lyne lawyers, in which case your legal fees may increase, and it will likely delay the transaction as you have another set of people involved.