My partner and I are looking to purchase a flat in Aspley Guise and are in fact using a Aspley Guise conveyancing firm. Within the past 48 hours our lawyer has forwarded the sale agreement to be signed with a detailed report in anticipation of exchanging contracts shortly. Bank of Scotland have this morning contacted us to advise us that they have now hit a problem as our Aspley Guise lawyer is not on their approved list of lawyers. Please explain?

When purchasing a property with mortgage finance it is conventional for the purchasers' lawyers to also represent 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 solicitor 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 bank's conveyancing panel as you are at liberty to use your preferred Aspley Guise lawyers, in which case it will likely add costs, and it may delay matters as you have another set of people involved.

I am purchasing a brand new flat in Aspley Guise and my solicitor is telling me that she is duty bound to the mortgage company to disclose incentives from the builder. I am nearing the developer’s deadline to exchange contracts and I don't want to delay the conveyancing. is my lawyer playing by the book?

You should not exchange unless you have been advised to do so by your solicitor. 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.

My wife and I have recently appointed a conveyancing solicitor in Aspley Guise. I need to find out if they are accepted on the National Westminster Bank conveyancing panel. Can you or the lender confirm if they are on the panel?

The first thing to do is phone your lawyer and ask them if they are on the lender panel. Alternatively you can get in touch with National Westminster Bank who may be able to assist.

Should my conveyancer be asking questions concerning flooding as part of the conveyancing in Aspley Guise.

Flooding is a growing risk for lawyers conducting conveyancing in Aspley Guise. There are those who purchase a house in Aspley Guise, completely expectant that at some time, it may be flooded. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or dispose of the premises. There are steps that can be taken during the course of a property purchase to forewarn the buyer.

Lawyers are not qualified to impart advice on flood risk, but there are a numerous searches that can be carried out by the purchaser or on a buyer’s behalf which can give them a better understanding of the risks in Aspley Guise. The standard completed inquiry forms supplied to a buyer’s solicitor (where the Conveyancing Protocol is adopted) contains a usual question of the vendor to determine if the premises has historically flooded. If flooding has previously occurred and is not disclosed by the seller, then a purchaser could bring a compensation claim stemming from an inaccurate answer. The buyer’s lawyers will also conduct an enviro report. This will disclose if there is a recorded flood risk. If so, additional investigations should be conducted.

I've recently bought a leasehold house in Aspley Guise. Do I have any liability for service charges relating to a period prior to completion of my purchase?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Aspley Guise Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing

The answer will be helpful as a) areas may result in problems for the block as the communal areas may start to deteriorate where maintenance remain unpaid b) if the leasehold owners have a dispute with the running of the building you will need to have complete disclosure How long is the Lease? Is the freehold reversion owned jointly by the leaseholders?