My partner and I are planning to purchase a property in Groby and have instructed a Groby conveyancing firm. Within the past 48 hours our solicitor has forwarded the sale agreement to be signed with a detailed report in anticipation of exchanging contracts shortly. Platform Home Loans Ltd have this evening contacted us to inform me that they have now hit a problem as our Groby solicitor is not on their conveyancing panel. What do we do from here?

When purchasing a property with mortgage finance it is conventional for the purchasers' lawyers to also act for 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 property lawyer should contact your bank 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 the lender’s conveyancing panel as you are at liberty to use your preferred Groby lawyers, in which case your legal fees may increase, and it will likely delay the transaction as you are adding another lawyer into the mix.

As someone not used to the Groby conveyancing process what’s the number one tip you can give me concerning the legal transfer of property in Groby

Not many law firms or advisers will tell you this but conveyancing in Groby or throughout England and Wales is often a confrontational experience. Put another way, when it comes to conveyancing there exists lots of room for friction between you and other parties involved in the home moving process. For example, the vendor, estate agent and on occasion a lender. Selecting a solicitor for your conveyancing in Groby should not be taken lightly as your conveyancer is your adviser, and is the ONE person in the transaction whose responsibility is to protect your legal interests and to keep you safe.

On occasion a potential adversary will try and convince you that you should follow their advice. For example, the property agent may claim to be helping by claiming that your conveyancer is dragging his heels. Or your financial adviser may advise you to do something that is contrary to your solicitors advice. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.

How does conveyancing in Groby differ for new build properties?

Most buyers of new build residence in Groby approach us having been asked by the developer to sign contracts and commit to the purchase even before the property is constructed. This is because builders in Groby usually purchase the site, 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 property lawyers 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 used to new build conveyancing in Groby or who has acted in the same development.

Yesterday I discovered that there is a flying freehold element on a house I put an offer in a fortnight ago in what was supposed to be a simple, no chain conveyancing. Groby is the location of the property. What do you suggest?

Flying freeholds in Groby are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Groby you would need to get your solicitor to go through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Groby may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.

My wife and I may need to sub-let our Groby basement flat temporarily due to a new job. We used a Groby conveyancing firm in 2002 but they have since shut and we did not have the foresight to seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

The lease governs relations between the freeholder and you the flat owner; specifically, it will say if subletting is not allowed, or permitted but only subject to certain conditions. The rule is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Groby do not contain strict prohibition on subletting – such a provision would undoubtedly devalue the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.

Groby Conveyancing for Leasehold Flats - Examples of Questions you should ask Prior to buying

Are there any major works anticipated that will likely increase the maintenance costs? What is the length of the lease? Does the lease include onerous restrictions?