My wife and I are purchasing a new build flat in Essington and my conveyancer is informing me that she has to the bank to reveal incentives from the seller. I am nearing the developer’s deadline to exchange contracts and my preference is not to delay the conveyancing. is my lawyer playing by the book?

You should not exchange unless you have been advised to do so by your lawyer. A precondition to being on a bank panel is to comply with the UK Finance Lenders’ Handbook provisions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.

I have been advised by my lawyer that flying freehold insurance is required on my purchase. What is the level of cover for Essington conveyancing?

The right level of flying freehold indemnity insurance depends on your lender. It would differ for example between Halifax and The Royal Bank of Scotland. Conveyancing solicitors as opposed to members of the public take out such policies.

is it true that all Essington solicitor firms on the Clydesdale conveyancing panel are regulated by the Solicitors Regulatory Authority?

As solicitors, in order to be on the Clydesdale conveyancing panel they would need to be overseen by the SRA. Many lenders do list licenced conveyancers on their panel in which case such practice would be regulated by the CLC.

Two weeks ago we had a mortgage agreed in principle with Yorkshire BS. Essington conveyancing solicitors have been appointed. How long does it take for Yorkshire BS to send the offer to the lawyer?

There is no definitive answer here. Have Yorkshire BS completed the valuation? Have you informed Yorkshire BS as to your lawyers' details and checked that your lawyers are on the Yorkshire BS conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.

Should our conveyancer be raising enquiries about flooding during the conveyancing in Essington.

The risk of flooding is if increasing concern for lawyers dealing with homes in Essington. Plenty of people will buy a property in Essington, fully aware that at some time, it may be flooded. However, leaving to one side the physical destruction, where a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or sell the property. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.

Solicitors are not qualified to impart advice on flood risk, however there are a numerous searches that may be undertaken by the purchaser or on a buyer’s behalf which will figure out the risks in Essington. The standard information sent to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual question of the owner to find out whether the property has suffered from flooding. If flooding has previously occurred and is not disclosed by the vendor, then a buyer may bring a legal claim for losses resulting from an misleading answer. A purchaser’s lawyers may also order an enviro report. This should higlight if there is a recorded flood risk. If so, additional investigations will need to be conducted.

The estate agent has sent us the confirmation of our purchase of a new build apartment in Essington. Conveyancing is daunting 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 legal work.

Set out below is a sample of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Essington

Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Please confirm the Lease plans are architect prepared. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Please supply a car parking plan. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore.

I purchased a property in Essington last 11/11/2024 and to date it is still not registered with HMLR. It was part of a new estate and my lawyer told me that it can take 12 months to complete the registration formalities. I have contacted the Land Registry directly and they say that the original application was cancelled due to questions not being addressed in time. What can I do?

get in touch with your conveyancing practitioner - Where you are unsatisfied with the responses, find out about their firm’s complaints protocol and amplify your concerns to a Complaints Manager. Registrations for Essington conveyancing are not known to be particularly slow.