Our lawyer has discovered a a legal deficiency with the lease for the apartment we are buying in Cathays. The seller’s lawyers have put forward defective title insurance as a workaround. We are happy with insurance and will cover the costs. Our conveyancer has advised that he must ensure that the bank is content with this solution. Are we the client or is the lender?

The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the lender are the client. Your lawyer must comply with the UK Finance Lenders’ Handbook conditions. 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 conveyancer will have no choice but to discontinue acting for you.

What does my ID and proof of funds have anything to do with my conveyancing in Cathays? What am I being asked for?

It is indeed that case that the requirement set out by your lawyer has nothing to do with conveyancing in Cathays. However these days you can not proceed with any conveyancing transaction without first supplying proof of your identity. Ordinarily this takes the form of a either your passport or driving licence and a bank statement. Please note that if you are providing your driving licence as proof of identification it must be both the paper element and photo card part, one is not sufficient in the absence of the other.

Verification of your origin of monies is necessary under Money Laundering Regulations. Please do not be offended when when this is requested of you as your conveyancing solicitor will need to retain this information on record. Your Cathays conveyancing lawyer will need to see evidence of proof of funds prior to accepting any funds from you into their client account and they should also ask further queries regarding the source of funds.

Planning on purchasing a apartment in Cathays. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Building Society if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Coventry BS conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.

They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Cathays lawyer is on the Coventry BS conveyancing panel.

I was told four weeks ago that my mortgage has been agreed to by Clydesdale. Is it usual for Clydesdale to only issue the offer once my solicitor in Cathays is approved on their conveyancing panel? Clydesdale have asked my solicitor to see a copy of their PI Insurance.

A lender would not issue an offer until they have details of a lawyer on their panel. It can take a few weeks for Clydesdale to deal with your lawyer's application to be on the Clydesdale conveyancing panel. There's no guarantee that your solicitor will be accepted.

I have instructed a Cathays lawyer having made sure that they are on the Santander conveyancing panel. Does my lawyer arrange the survey of the property?

Santander will need an independent valuation of the property. Your lawyer will not arrange this. Usually Santander will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your conveyancing practitioner will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Cathays postcode. As you are getting a mortgage with Santander, you could contact them to see if they have a list of approved surveyors in Cathays.

I am purchasing my first flat in Cathays with the aid of help to buy. The developers refused to move on the price so I negotiated five thousand pounds worth of fixtures and fittings instead. The estate agent advised me not to tell my lawyer about the extras as it would jeopardize my loan with the bank. Should I keep quiet?.

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.

I've recently found out that there is a flying freehold issue on a property I have offered on two weeks back in what was supposed to be a simple, no chain conveyancing. Cathays is where the house is located. Can you shed any light on this issue?

Flying freeholds in Cathays are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Cathays you must be sure that your lawyer goes through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Cathays 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 premises.