My partner and I are looking to acquire a flat in Carnforth and have instructed a Carnforth conveyancing firm. Within the past 48 hours our conveyancer has sent a preliminary report and documents to look through with a view to exchanging next week. Coventry Building Society have this morning contacted us to advise us that there is now an issue as our Carnforth conveyancer is not on their conveyancing panel. What do we do from here?

When purchasing a property with the benefit of a mortgage it is standard for the purchasers' solicitors to also represent the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your solicitor should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You don't have to instruct a firm on the lender’s conveyancing panel as you are at liberty to use your preferred Carnforth lawyers, in which case it will likely add costs, and it will likely delay the transaction as you have another set of people involved.

I am acquiring a house without a mortgage in Carnforth. I have lived for the last dozen years in Carnforth. Conveyancing searches are expensive. As I know the road and vicinity very well must I have all the conveyancing searches?

If you not getting a home loan, then all but one or two of the Carnforth conveyancing searches are non-obligatory. Your conveyancer will try and steer you, perhaps strongly, that you should have searches carried out, but she has a professional duty to do this. Do consider; if you are likely to sell the house in the future, it may be of relevance to your future buyer what the searches determine. There are plenty of instances where houses with no practical issues can still reveal detrimental search results. A competent conveyancing solicitor in Carnforth will provide you some sensible guidance here.

About to purchase a new build apartment in Carnforth. 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 legal work.

Here are examples of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Carnforth

If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? There must be mutual enforceability of lessee’s covenants. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease.

I am a couple of weeks into a freehold purchase having been recommend to a firm by the local agent to execute conveyancing in Carnforth. I am not happy. Could you help me find new conveyancers?

A conveyancer would have to be very poor to suggest replacing them. Has the mortgage offer been generated? If so you will need to advise them of the new contact details and have the loan are re-issued. Your conveyancer needs to be on the mortgage company panel to avoid supplemental costs and delays. That should be your starting point. The search tool can assist you in finding a lender approved solicitor for your conveyancing in Carnforth

Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £375,000 garden flat in Carnforth next week. The freeholder has quoted £312 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Carnforth?

Carnforth conveyancing on leasehold apartments normally requires the buyer’s lawyer submitting questions for the landlord to address. Although the landlord is under no legal obligation to address such questions the majority will be content to assist. They are at liberty to levy a reasonable charge for answering questions or supplying documentation. There is no upper cap for such fees. The average costs for the paperwork that you are referring to is over three hundred pounds, in some transactions it is above £800. The administration charge required by the landlord must be sent together with a synopsis of rights and obligations in respect of administration charges, without which the invoice is not strictly payable. Reality however dictates that one has no option but to pay whatever is requested of you should you wish to sell the property.

Leasehold Conveyancing in Carnforth - A selection of Questions you should ask before buying

How long is the Lease? Is anyone aware of any major works anticipated that will likely increase the service costs? It is important to be aware if a new roof is being installed or some other significant cost is coming up that will be shared amongst the leaseholders and will materially impact the level of the service fees or require a specific payment.