Our lawyer has uncovered a a legal deficiency with the lease for the flat we are buying in Benton. The seller’s lawyers have offered title insurance as a solution. We are content with insurance and will pay for it. Our solicitor says that he must be satisfied that the mortgage company is content with this solution. Are we the client or is the bank?

The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the bank are the client. Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook provisions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender 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 solicitor will have no choice but to discontinue acting for you.

When scouring moneysavingexpert.com for an online solicitor in Benton, many advise that I should look for a CQS assured solicitor. Can you explain what CQS is?

The Law Society's Conveyancing Quality Scheme is the recognised kitemark for legal experts in buying or selling property, trusted by some of the UK's biggest banks. In 2011-12 the Conveyancing Quality Scheme was officially recognised by the Legal Ombudsman. CQS is not a scheme offered by the Council of Licensed Conveyancing. Benton is one of the numerous areas in England and Wales where there are CQS solicitors.

We were going to get a OIP from HSBC this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do HSBC recommend any Benton solicitors on the HSBC conveyancing panel, or is it better to go independently?

You will need to appoint Benton solicitors independently although you'll need to choose one on the HSBC conveyancing panel. The solicitor represents both you and HSBC through the process.

I have a mortgage with Coventry BS for my property in Benton. Conveyancing has been completed some time ago. Should I wish to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Coventry BS?

You must advise Coventry BS prior to renting your property as this is likely to be a breach of Coventry BS’s mortgage conditions. It may be that Coventry BS will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Coventry BS directly. You need not do this via a Coventry BS conveyancing panel solicitor.

I recently had an offer accepted on an apartment in Benton. My mortgage broker suggested a solicitor. I paid an upfront payment of £175. Not long after, the conveyancing practitioner contacted me embarrassingly acknowledging that they were not on the Skipton conveyancing panel. Am I right in thinking that I should be due a refund?

You should be able to recover this from the law firm if they were not on the Skipton panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.

I am buying a new build house in Benton benefiting from help to buy. The builders refused to budge the amount so I negotiated £7000 of extras instead. The sale representative suggested that I not disclose to my lawyer about the side-deal as it would impact my loan with Britannia. Is this normal?.

All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.

Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.

Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.

In my capacity as executor for the will of my father I am disposing of a residence in Newport but live in Benton. My conveyancer (approximately 300 kilometers awayneeds me to sign a stat dec before the transaction finalising. Could you suggest a conveyancing lawyer in Benton to witness this legal document for me?

Technically speaking you are not likely to need to have the documents attested by a conveyancing solicitor. Normally or notary public or solicitor will do regardless of whether they are Benton based