The Burbage conveyancing firm handling our Burbage conveyancing has identified a discrepancy between the surveyor’s assumptions in the home valuation report and what is in the legal papers for the property. My solicitor informs me that he is obliged to ensure that the bank is OK with this discrepancy and is content to go ahead. Is my conveyancer’s stance legitimate?

Your conveyancer must comply with the UK Finance Lenders’ Handbook provisions which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for both parties.

I am considering applying for a TSB mortgage for purchase of a newly converted (under development) in Burbage with 60% loan to value. Is it compulsory to choose a solicitor on the conveyancing panel for TSB ?

In theory, you could use a solicitor that is not on the TSB conveyancing panel, but TSB would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same conveyancing matter.

I am assisting my sister sell her flat in Burbage. Does the conveyancer commission the EPC or it is for me to see to?

Following the demise of HIPs, energy assessments was kept a required component of selling a property. An energy performance certificate should be commissioned in advance of the property being put on the market. It is not as aspect of the sale process that conveyancers normally organise. If you are using a Burbage conveyancing solicitor they may be able to arrange EPC’s due to their relationships with long established Burbage accredited person

I'm the sole recipient of my late father’s will with all property in now in my sole name, including the house in Burbage. The Burbage property was put into my name in January. I plan to dispose of the property. I do know about the Mortgage Lenders 6 month 'rule', which means that my property ownership will be considered the same way as though I had purchased the house in January. Do I have to wait 6 months to sell?

The CML handbook requires conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be caught by that. How sensible a view mortgage companies take of it, depend on the bank as this obligation is chiefly there to capture the purchase and immediately sell or the flipping of properties.

My offer was accepted on a house in Burbage on 2/1/2025, valuation was booked 4 days later, received a clean bill of health. Property lawyer retained, so the only thing outstanding was my mortgage offer. Having made daily calls to Leeds Building Society and chasing them on my offer, I have now been told that my offer will not be issued unless the lawyer is on the Leeds Building Society conveyancing panel. Are Leeds Building Society entitled to hold back the Mortgage pending the lawyer being on the approved list?

Mortgage companies tend not to not issue a mortgage until they have details of a lawyer on their panel. It can take a few weeks for Leeds Building Society to deal with your lawyer's application to be on the Leeds Building Society conveyancing panel. There's no guarantee that your solicitor will be accepted.

How does conveyancing in Burbage differ for new build properties?

Most buyers of new build residence in Burbage approach us having been asked by the developer to exchange contracts and commit to the purchase even before the property is finished. This is because builders in Burbage typically purchase the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Burbage or who has acted in the same development.

We have AIP from HSBC Bank who indicated we could borrow up to £350k. When do I need to instruct a lawyer for conveyancing? Burbage is where we plan to move to.

You can instruct a lawyer now requesting that they generate a file for you. This will facilitate: 1) the estate agent to send out the Sales Memo to all parties 2) the seller’s conveyancing practitioner to submit the draft paperwork. That being said, do not ask your lawyer to start searches until you have your valuation report via HSBC Bank and you are happy to move forward.