Should our lawyer be raising questions regarding flooding during the conveyancing in Congleton.

Flooding is a growing risk for solicitors carrying out conveyancing in Congleton. There are those who purchase a house in Congleton, completely expectant that at some time, it may be flooded. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or dispose of the property. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.

Conveyancers are not best placed to impart advice on flood risk, but there are a various checks that can be carried out by the buyer or by their lawyers which should give them a better appreciation of the risks in Congleton. The conventional set of information given to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a standard question of the owner to discover whether the property has suffered from flooding. If the property has been flooded in past which is not notified by the vendor, then a buyer could bring a claim for damages as a result of such an incorrect reply. The purchaser’s solicitors will also carry out an environmental report. This should disclose whether there is any known flood risk. If so, additional inquiries should be made.

Me and my brother have a renovated Georgian property in Congleton. Conveyancing lawyer represented me and Barclays Direct. I did a free Land Registry search last week and I saw two entries: the first freehold, the second leasehold under the exact same address. I'd like to know for sure, how can I find out??

You should read the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Congleton and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also enquire as to the position with your conveyancing practitioner who completed the work.

I am purchasing my first flat in Congleton with the aid of help to buy. The sellers refused to reduce the amount so I negotiated 6k of extras instead. The property agent suggested that I not inform my lawyer about this side-deal as it will affect my loan with the bank. 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.

Do I need to be concerned about third parties that I am dealing with are encouraging me to use a factory type conveyancing firm as opposed to a local Congleton conveyancing firm?

As with lots of professional services, often referrals from connections can be most helpful. But there are lots of players in a conveyancing deal; estate agents, financial adviser and banks might all suggest solicitors to choose. Sometimes these conveyancers might be known to one of the organisations as one of the best in their field, but sometimes there exists a commercial relationship behind the endorsement. You are at liberty to choose your preferred conveyancer. You need to be aware that some mortgage providers specify a panel list of conveyancers you are obliged to use for the lender aspect of your conveyancing.

One month into buying a house in Congleton. Conveyancing lawyer has told us the property is "Leasehold". Does this adversely affect our lender’s valuation?

Congleton conveyancing does not usually involve leasehold houses. The main consideration here is the unexpired lease term and the ground rent. If it's 999 years with a nominal rent, it's essentially freehold, so it shouldn't impact the saleability significantly.

At the other extreme, if it's, say, fifty five years it is bound to have a significant effect on the saleability, and probably wouldn't be mortgageable. The length of lease and ground rent will be specified in the lease to be supplied to your conveyancing practitioner.