My husband and I are buying a new build duplex in Paulton and my conveyancer is telling me that she has to the lender to disclose incentives from the developer. The Estate Agents are hassling me to exchange and I don't want to delay matters. Is my lawyer right?

You should not exchange unless you have been advised to do so by your solicitor. A precondition to being on a bank 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 aunt sell her flat in Paulton. Does the solicitor commission an energy assessment or it is for the seller to see to?

After the abolition of Home Information Packs, energy assessments was kept a required element of moving property. An energy assessment should be commissioned prior to the property being put on the market. This is not a task that lawyers ordinarily organise. Where you are using a Paulton conveyancing solicitor they might be able to arrange energy performance certificates given their contacts with reputable Paulton energy assessors

Last month we had a mortgage agreed in principle with Leeds Building Society. Paulton conveyancing practitioners are instructed. What is the average time that one could expect to receive a mortgage offer from Leeds Building Society?

Some lenders take longer than others. Have Leeds Building Society done the survey? Have you informed Leeds Building Society as to your lawyers' details and checked that your lawyers are on the Leeds Building Society conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.

I can not fathom if my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Paulton building society branch on a couple of occasions and was told it wasn't a problem and they would lend. My Paulton conveyancing solicitor - who is on the bank conveyancing panel- called to say that they would not lend in accordance with their specific requirements. Who do I believe?

Provided that the lawyer is on the lender panel, she or he must adhere to the CML Handbook provisions for the bank. Unless your lawyer obtains specific confirmation in writing that the bank 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.

Due to the input of my in-laws I had a survey completed on a property in Paulton in advance of instructing conveyancers. I have been told that there is a flying freehold overhang to the property. The surveyor has said that some mortgage companies tend refuse to give a mortgage on such a property.

It varies from the lender to lender. HSBC has different instructions for example to Halifax. If you call us we can check via the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Paulton. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Paulton to see if the conveyancing costs will increase in light of this.

Do I need to be concerned about third parties that I am dealing with are suggesting a nationwide conveyancing firm as opposed to a local Paulton conveyancing firm?

As with many professional services, often suggestions from connections can be worth their weight in gold. But there are numerous players in a conveyancing transaction; estate agents, financial adviser and mortgage companies may recommend conveyancers to appoint. On occasion these lawyers might be known to one of the organisations as being good in their field, but sometimes there behind the scenes financial incentive behind the recommendation. You have the right to choose your preferred lawyer. However, bear in mind that the majority of lenders specify a panel list of conveyancers you have to use for the mortgage aspect of your conveyancing.

I am employed by a reputable estate agency in Paulton where we have experienced a number of leasehold sales jeopardised as a result of leases having less than 80 years remaining. I have been given contradictory information from local Paulton conveyancing solicitors. Please can you clarify whether the seller of a flat can initiate the lease extension formalities for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the sale.

An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

Paulton Leasehold Conveyancing - Sample of Questions you should consider before Purchasing

Are any of leasehold owners in dispute over their service charge payments? Who is in charge of the block?