I am in the process of selling my ground floor flat in Shotton and the EA has just called to say that the buyers are swapping law firm. The excuse is that the mortgage company will only deal with solicitors on their conveyancing panel. On what basis would a leading lender only work with certain lawyers rather the firm that they want to appoint for their conveyancing in Shotton ?

UK lenders have always had panels of law firms that can represent them, but in recent years big names such as HSBC, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for more than 15 years.

Banks point to the increase in fraud as the reason for the reduction – criteria have been narrowed as a smaller panel is easier to maintain. Banks tend not to disclose how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is being contacted daily by practices that have been removed from panels. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The purchasers are not going to have any sway in the decision.

The vendors of the house we are hoping to buy hired a conveyancing firm in Shotton who has insisted on a exclusivity contract with a down payment of 5k. Are such agreements recommended for Shotton conveyancing transactions?

This form of contract is unusual in Shotton, conveyancers are not keen on them as they detract from focusing on the main conveyancing focus and if you end up losing your deposit then the lawyer at best left with an upset client and at worst a litigious one. Secondly, there is no guarantee that just because the seller has signed an exclusivity contract they will complete the sale with you. They may breach the contract if they are offered a large enough offer to do so because a wronged buyer with the benefit of a lockoutcontract will still be legally obliged to establish consequential losses from the breach and these may not equate the extra amount that the owner may secure by breaking the agreement, however morally reprehensible the behaviour is.

The Shotton conveyancing lawyers that I appointed last week on my purchase in Shotton have without warning shut down. I only went with them because I had to have a lawyer on the UBS conveyancing panel and my previous Shotton lawyer was not. I gave my credit card details for them to take £195 for searches. What do I do now?

Assuming that you have an Estate Agent in the equation then inform them straight away so that they advise the vendors that there may be a slight delay due to reasons beyond your control. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the UBS conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new lawyers may be able to help.

Should our lawyer be asking questions about flooding during the conveyancing in Shotton.

The risk of flooding is if increasing concern for lawyers dealing with homes in Shotton. Plenty of people will purchase a property in Shotton, completely aware that at some time, it may be flooded. However, leaving to one side the physical damage, where a property is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.

Lawyers are not qualified to offer advice on flood risk, but there are a numerous checks that may be initiated by the purchaser or by their lawyers which can give them a better appreciation of the risks in Shotton. The standard information supplied to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual question of the seller to discover whether the property has suffered from flooding. In the event that flooding has previously occurred which is not revealed by the owner, then a buyer may commence a legal claim for losses as a result of such an inaccurate reply. The buyer’s conveyancers should also conduct an enviro report. This should reveal if there is any known flood risk. If so, further investigations will need to be conducted.

Yesterday I discovered that there is a flying freehold element on a property I have offered on a fortnight ago in what should have been a quick, no chain conveyancing. Shotton is the location of the property. What do you suggest?

Flying freeholds in Shotton are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Shotton you would need to get your solicitor to go through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Shotton may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.