Our nephew is purchasing a new build apartment in Evesham with a mortgage from Bank of Ireland. His solicitor has advised him of a delay in receiving the ‘Disclosure of Incentive Form’. Who needs to receive the form?

The document is intended to provide information to the main parties involved in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the Bank of Ireland conveyancing panel as a standard part of the process, and to the valuer when requested. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Bank of Ireland conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.

My grandfather passed away six months ago and as sole heir and executor I was left the house in Evesham. The house had a small mortgage left on it of around £8000. I want to have the title changed into my name whilst I re-mortgage to Lloyds, pay off the mortgage. Is this possible?

If you plan to re-mortgage then Lloyds will require that you use a conveyancer on the Lloyds conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Lloyds conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Lloyds mortgage is registered as a charge at the Land Registry.

I am assisting my mother sell her house in Evesham. Does the conveyancer commission the energy performance certificate or it is for me to coordinate?

Following the abolition of Home Information Packs, EPC’s remained a required component of moving property. An energy performance certificate needs to be to hand in advance of the property being put on the market. This is not a task that conveyancers normally arrange. If you are using a Evesham conveyancing practitioner they may be willing to arrange energy assessments given their relationships with reputable Evesham accredited person

I am buying a end of terrace house in Evesham. Our aim is to carry out a loft conversion at the house.Will legal due diligence on the property involve checks to see if these works are prohibited?

Your solicitor will review the registered title as conveyancing in Evesham will sometimes reveal restrictions in the title deeds which prohibit categories of changes or necessitated the consent of another owner. Many extensions call for local authority planning permissions and approval under the building regulations. Many areas are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. You should check these things with a surveyor before you commit yourself to a purchase.

I've read lots of house buying guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Evesham solicitor - who is on the Clydesdale conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?

Clydesdale will need an independent valuation of the property. Your lawyer will not arrange this. Usually Clydesdale 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. You may wish to consider appointing your own Evesham surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.

How does conveyancing in Evesham differ for new build properties?

Most buyers of new build residence in Evesham contact us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the house is built. This is because developers in Evesham tend to purchase the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Evesham or who has acted in the same development.

I am short of a 10% deposit on my house purchase in Evesham , but I am anxious exchange. Do I have options?

You can accept a lower deposit. Most vendors will agree to a lesser deposit or even no deposit for a first time buyer or 100% mortgage. Be aware though that if you fail to complete you will still need to hand over a minimum of 10% of the purchase price regardless of how much deposit was agreed.

You can also agree a simultaneous exchange and completion as no deposit is required for this however neither party will be tied in until completion actually takes place and it can be risky if sellers change their mind at the last second