My wife and I are acquiring a newly constructed flat in Billericay and my solicitor is advising me that she is duty bound to the mortgage company to reveal incentives from the seller. The Estate Agents are hassling me to sign contracts and my preference is not to delay 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 lender 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.

We wanted to use a property lawyer in Billericay for our house purchase. Our financial adviser informed us that our mortgage company Clydesdale won't deal with them. Surely this is unfair competition?

Banks on the whole imposes restrictions either the category or the volume of conveyancing firms on their panel. A common example of such restriction(s) being that a firm must not be a sole practitioner. In addition to restricting the type of firm, a few lenders have reduced the number of solicitor practices they permit to represent them. You should note that Clydesdale have no responsibility for the quality of advice provided by any member of Clydesdale Conveyancer Panel. Mortgage fraud was a key driver in the rationalisation of solicitor panels a few years ago even though there remains mixed views about the extent of solicitor involvement in some of that fraud. Statistics from the Land Registry indicate that plenty of law firms, including some in or near Billericay only conduct one or two conveyances a year.

The estate agent has sent us the confirmation of our purchase of a new build flat in Billericay. 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.

Here are examples of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Billericay

Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. 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.

Can you offer any advice when it comes to appointing a Billericay conveyancing firm to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a Billericay conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We advise that you make enquires with several firms including non Billericay conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. The following questions might be helpful:

Can they put you in touch with clients in Billericay who can give a testimonial? How experienced is the firm with lease extension legislation?

Billericay Leasehold Conveyancing - Sample of Queries Prior to buying

Are there any major works anticipated that could increase the service fees? Best to be warned whether fixing the lift or some other significant cost is anticipated to be shared amongst the leasehold owners and will materially increase the the service costs or require a one time payment. For many Billericay leaseholds the cost for major works tend not to be included within maintenance charges, although a few managing agents in Billericay obliged leaseholders to pay into a sinking fund and this is used to offset against major repairs or maintenance.

We have chosen a Billericay conveyancing solicitor for our home move (first time buyers) and have noticed in the terms and conditions that they are not governed by the FCA. Should I be concerned or is that usually the case with conveyancing practitioner?

We can't see why they should be. Most property lawyer don't lend money. You should check that they are governed by the SRA, who dictate stringent rules in relation to amounts held in their bank.