We are purchasing a 2 bedroom apartment in Rubery with a mortgage. We have a Rubery lawyer, but the bank says she’s not on their "panel". We have to appoint one of the lender panel solicitors or continue with our Rubery property lawyer as well as pay for one of their panel lawyers to represent them. We feel that this is unjust; is there anything we can do?

No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Rubery conveyancing solicitor to apply to be on the conveyancing panel.

I am purchasing a brand new flat in Rubery and my conveyancer is informing me that she is duty bound to the lender to disclose incentives from the seller. I am under pressure to sign contracts and I have no desire to prolong matters. Is my lawyer right?

You should not exchange unless you have been advised to do so by your property lawyer. A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook requirements. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.

Why is leasehold purchase conveyancing in Rubery costs more?

In short, leasehold conveyancing in Rubery and elsewhere usually involve extra hours of investigation compared to freehold transactions. This includes analysing the lease terms, liaising with the landlord about the service of required notices, obtaining up-to-date service charge and management information, obtaining the landlord’s consents and reviewing management accounts. The obligations on both the landlord and the tenant in the lease need to be studied by the buyer’s conveyancing team and read from beginning to end – no matter how many different owners have owned the lease since it was first entered into.

Just had an offer accepted on a new build apartment in Rubery. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.

Set out below are examples of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Rubery

Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. 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. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose?

Am I right to be suspicious that brokers that I am dealing with are suggesting a web based conveyancing firm rather than a High Street Rubery conveyancing practice?

As with lots of professional services, often recommendations from family and friends can be worth their weight in gold. Yet there are lots of parties with a keen interest in a conveyancing transaction; estate agents, financial adviser and mortgage companies might all put forward conveyancers to choose. On occasion these solicitors might be known to one of the organisations as experts in their field, but occasionally there behind the scenes financial incentive behind the recommendation. You have the discretion to select your preferred lawyer. Don't forget that some mortgage providers operate an approved list of solicitors you are obliged to use for the mortgage related work in your house move.