The owners of the property we are purchasing are using a conveyancing firm in Clare who has suggested a preliminary agreement with a payment 10k. Are such contracts appropriate for Clare conveyancing transactions?

There are a couple of primary drawbacks with entering into any lock out contract (also referred to as an exclusivity agreement) is that it diverts attention away from moving forward with the conveyancing transaction itself, so in the absence of it needing minimal or no negotiation then it may turn out to be a cause of frustration and delay. It is not strongly advocated by Clare conveyancing lawyers as a result. The other main concern is the extent of the remedies available - a jilted buyer should not expect to secure injunctive relief to prevent the vendor completing the sale to a third party, so the only remedy open via the contract will be the recovery of abortive charges and, in rare circumstances, the additional payment of damages.

I can not work out if my mortgage offer requires a lease extension. I have called into my local Clare building society branch on various occasions and was reassured it wasn't a problem and they would lend. My Clare conveyancing solicitor - who is on the bank conveyancing panel- called to say that they refuse to lend based on their specific requirements. Who do I believe?

Provided that the solicitor is on the lender panel, they must follow the Council of Mortgage Lenders’ Handbook provisions for the lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years remaining.

After weeks of negotiation I have agreed a price on an apartment in Clare. My mortgage broker pressured me to appoint their solicitor. I paid an on account payment of £150. Soon after, the conveyancer contacted me sheepishly admitting that they were not on the Nottingham 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 Nottingham 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.

Bank of Ireland have agreed my home loan in principle, my bid on a house in Clare has been accepted, what are the next steps?

Your estate agent will need to be advised as to your property lawyer's details (ensure that the property lawyers are on the lender’s approved list). Call up Bank of Ireland or the broker and complete any outstanding documentation. Bank of Ireland will appoint a valuer who will get in touch with the estate agent or vendor to arrange a time for the valuation to take place. Once conducted (assuming no problems) it takes approximately a week for the mortgage offer to be issued. Bank of Ireland will send the offer to you and your conveyancing practitioners. The transaction will then take it’s course according the nature and complexity of the conveyancing in Clare.

I decided to have a survey done on a property in Clare before retaining solicitors. I have been informed that there is a flying freehold aspect to the property. My surveyor has said that some mortgage companies tend refuse to issue a mortgage on this type of premises.

It depends who your proposed lender is. Santander has different instructions from Halifax. If you e-mail us we can investigate further with the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Clare. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Clare to see if the conveyancing costs will increase in light of this.

My business partner and I are planning to lease a unit on a shopping parade. Can you recommend lawyers offering no-sale-no fees for non-domestic conveyancing in Clare for below 1500k?

We can recommend firms who host a wealth of experience of commercial conveyancing in Clare, including the disposal and purchase of businesses as well as simply property. If you are hoping to buy or dispose of a shop, pub, restaurant, office, retail premises or a whole business we can find you the right lawyer. As for the fees this will depend on the structure and terms of the deal. Please provide us with your contact information or telephone so as to enable us to supply you with comprehensive commercial conveyancing quote.

I'm selling a flat in Clare. I have found my conveyancer's company on the Law Society's list, but I can't locate my conveyancer's name as listed on the regulator's website. Is this a big problem?

Not every individual in the practice must be listed by the regulator. Provided there is someone qualified to 'oversee' the work, the actual day-to-day activity can be undertaken by unlicensed staff.