We are planning to purchase a 2 bedroom flat in Werrington with a mortgage. We like our Werrington lawyer, however the lender says she’s not on their "panel". It seems we have no option but to use one of the mortgage company panel conveyancing practices or keep our Werrington conveyancer and pay for one of their panel lawyers to act for them. We consider that this is unjust; are we not able to insist that the bank use our Werrington solicitor ?

Unfortunately,no. The mortgage offered to you 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 Werrington conveyancing lawyer to apply to be on the conveyancing panel.

Will our solicitor be raising enquiries about flooding during the conveyancing in Werrington.

The risk of flooding is if increasing concern for solicitors specialising in conveyancing in Werrington. There are those who acquire a house in Werrington, fully expectant that at some time, it may be flooded. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.

Solicitors are not best placed to impart advice on flood risk, however there are a various checks that may be initiated by the purchaser or on a buyer’s behalf which should figure out the risks in Werrington. The conventional set of information given to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) contains a usual question of the vendor to determine if the property has ever been flooded. In the event that flooding has previously occurred which is not notified by the seller, then a purchaser could commence a claim for damages as a result of such an incorrect answer. The buyer’s solicitors will also conduct an environmental search. This should reveal if there is a recorded flood risk. If so, more detailed inquiries should be carried out.

I am buying a new build flat in Werrington. 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 legal work.

Set out below is a sample of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Werrington

Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. 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 Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Forfeiture - bankruptcy or liquidation must not apply under this provision. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?

Over the last few months I have been searching for a flat up to £235,500 and found one round the corner in Werrington I like with open areas and railway links in the vicinity, however it only has 52 years unexpired on the lease. There is not much else in Werrington suitable, so just wondered if I would be making a mistake acquiring a lease with such few years left?

Should you require a mortgage the shortness of the lease may be a potential deal breaker. Discount the offer by the amount the lease extension will cost if it has not already been discounted. If the existing proprietor has owned the property for at least 2 years you may ask them to start the process of the extension and pass it to you. You can add 90 years to the existing lease with a zero ground rent applied. You should consult your conveyancing solicitor concerning this matter.

New build sellers have put forward a lawyer and I've sought a quote from them. It's almost two hundred pounds less expensive than my local Werrington property lawyer. What's the catch?

Housebuilders frequently have lists of lawyers who are quick and who know the builder's contract and conveyancing practitioner. Plenty of developers offer an incentive to choose a preferred conveyancer for this reason, any increased fees can be avoided and a builder will not put forward a conveyancing warehouse and run the risk of having the conveyancing stall when they require an exchange within a tight deadline. The argument for not opting for the recommended conveyancing practitioner is that they may prove hesitant to 'push' your interests for fear of alienating the developer. Where you have concerns that this may be the situation you should keep with your high street Werrington solicitor.