Me and my partner are intending to acquire a 2 bedroom apartment in Bude with a mortgage. We would like to retain our Bude lawyer, however the mortgage company says she’s not on their "panel". It seems we have little option but to appoint one of the lender panel conveyancing practices or continue with our Bude lawyer and pay for one of their panel firms to act for them. We regard this is inequitable; can we not insist that the lender use our Bude conveyancing practitioner ?

No, not really. Your mortgage offer 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. Another option that might be available is for your Bude conveyancing lawyer to apply to be on the conveyancing panel.

As someone unfamiliar with conveyancing in Bude what’s your top tip you can give me concerning the house moving process in Bude

Not many law firms shout this from the rooftops but conveyancing in Bude and elsewhere in Cornwall is often a confrontational experience. In other words, when it comes to conveyancing there is plenty of opportunity for confrontation between you and other parties involved in the legal transfer of property. E.g., the seller, selling agent and on occasion a lender. Selecting a lawyer for your conveyancing in Bude is a critical decision as your conveyancer is your adviser, and is the ONE party in the process whose role it is to look after your legal interests and to keep you safe.

Sometimes a potential adversary will try and persuade you that it is in your interests to do things their way. For instance, the estate agent may claim to be assisting by suggesting your solicitor is wrong. Or your mortgage broker may advise you to do something that is against your lawyers recommendation. You should always trust your lawyer above all other parties in the home moving process.

I am close to exchanging contracts on the sale of our home in Bude and according to the buyers it appears that there is a risk of it being constructed land that was not decontaminated. Any high street Bude conveyancer would know that there is no such problem. For the life of me I don't know why the buyers are using a factory type conveyancing practice as opposed to a conveyancing solicitor in Bude. We have lived in Bude for 5 years we know of no issue. Should we get in touch with our local Authority to get clarification need.

It would appear that you have a conveyancing firm already. What do they say? You should enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same sickness)

In my capacity as executor for the estate of my aunt I am disposing of a property in Swansea but I am based in Bude. My conveyancer (who is 260 miles awayneeds me to execute a stat dec before the transaction finalising. Could you suggest a conveyancing practitioner in Bude to attest this legal document for me?

Technically speaking you should not be required to have the documents attested by a conveyancing solicitor. Normally any notary public or qualified solicitor will suffice regardless of whether they are Bude based

We expect to complete our sale of a £350,000 flat in Bude next week. The freeholder has quoted £408 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Bude?

Bude conveyancing on leasehold flats nine out of ten times involves fees being raised by management companies :

Completing pre-contract enquiries Where consent is required before sale in Bude Copies of the building insurance and schedule Deeds of covenant upon sale Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Bude leasehold property is £350. For Bude conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to provide answers.

Leasehold Conveyancing in Bude - Examples of Questions you should ask Prior to Purchasing

It would be prudent to find out as much as you can regarding the managing agents as they can either make life much easier or uncomfortable. As the owner of a leasehold property you are frequently at the mercy of the managing agents both financially and when it comes to daily matters like the cleanliness of the communal areas. Don't be afraid to ask other tenants what they think of them. On a final note, investigate as to the dates that you are obliged pay the maintenance charge to the managing agents and precisely what it includes. If a Bude lease has fewer than eighty years it will affect the salability of the property. Check with your lender that they are willing to lend given the lease term. Leases with less than 80 years remaining means that you will probably require a lease extension sooner rather than later and it is worth finding out how much this would cost. Remember, in most cases you would be required to have been the owner of the premises for a couple of years in order to be eligible to extend the lease.