Our solicitor has identified a a problem with the lease for the apartment we are buying in Roade. The seller’s lawyers have offered title insurance as a workaround. We are content with insurance and will pay for it. Our conveyancer says that he must check that the lender is content with this solution. Who is the client here, us or the mortgage company ?

The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the lender are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook specifications. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the bank can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your conveyancer will have no choice but to discontinue acting for you.

I have a decision in principle. The bank mentioned the loan came with free conveyancing. Is the implication that I have to instruct their panel solicitor as I would prefer to instruct a Roade based conveyancing firm?

You should check but the the likelihood is that appoint one of their panel solicitors if you take up the "fee-free" incentive. Speak to the bank and check if they allow a monetary alternative. In the past a few lenders offered a £250 cashback as a further option in which case that money can go towards your preferred conveyancing solicitor near Roade.

How does conveyancing in Roade differ for newly converted properties?

Most buyers of new build property in Roade contact us having been asked by the developer to sign contracts and commit to the purchase even before the house is ready to move into. This is because new home sellers in Roade typically acquire 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 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 Roade or who has acted in the same development.

Am I better off to choose a Roade conveyancing lawyer based in the location that I am purchasing? I have an old university friend who can carry out the legal formalities but they are based 200miles drive away.

The benefit of a local Roade conveyancing practice is that you can visit the firm to sign documents, present your ID and pester them if necessary. They will also have local insight which is a plus. That being said nothing is more important than finding someone that will pull out all the stops for you. If you know people who used your friend and they were content that must surpass using an unknown Roade conveyancing solicitor just because they are Roade based.

I have just appointed agents to market my basement apartment in Roade. Conveyancing solicitors are to be appointed soon, but I have just had a yearly maintenance charge invoice – should I leave it to the buyer to sort out?

The sensible thing to do is pay the maintenance contribution as usual because all ground rent and service invoices should be allotted on completion, so you should recover the relevant percentage by the purchaser for the period running from after the completion date to the subsequent invoice date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

Roade Conveyancing for Leasehold Flats - A selection of Questions you should ask Prior to Purchasing

Be sure to find out if the the lease includes any onerous restrictions in the lease. By way of example it is reasonably common in Roade leases that pets are not permitted in certain buildings in Roade. If you like the propertyin Roade yet your cat is not allowed to make the move with you then you will be faced difficult choice. Generally speaking the cost for major works are not included within maintenance charges, albeit that some managing agents in Roade ask tenants to contribute towards a sinking fund and this is used to offset against larger repairs or maintenance.