My wife and I are purchasing a 3 bedroom flat in Fairwater with a mortgage. We wish to retain our Fairwater solicitor, however the lender says he's not on their "panel". It appears that we have no option but to select one of the bank panel conveyancing practices or keep our Fairwater property lawyer and pay for one of their panel lawyers to act for them. We regard this is unjust; are we not able to insist that the mortgage company use our Fairwater lawyer ?

No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Fairwater conveyancing lawyer to apply to be on the conveyancing panel.

The owners have rather brash sellers who has suggested a preliminary agreement with a down payment 10k. Are such agreements sensible?

There are two main drawbacks with executing a lock out contract (also known as a shut-out contract) is that it takes away the focus from making progress with the conveyancing transaction itself, so unless it requires little or no negotiation then it could turn out to be a cause of frustration and delay. It is not promoted amongst Fairwater conveyancing practitioners as a result. The other main concern is the extent of the remedies available - an aggrieved buyer is not likely to obtain an injunction to bar the vendor completing the sale to a third party, so the only remedy open via the contract will be the reimbursement of wasted costs and, in limited scenarios, the extra payment of penalties.

I am the registered owner of a freehold residence in Fairwater but still invoiced for rent, why is this and what is this?

It’s unusual for properties in Fairwater and has limited impact for conveyancing in Fairwater but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.

Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for many centuries, but the Rent Charge Act 1977 barred the creation of fresh rentcharges from 1977 onwards.

Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 is to be extinguished.

Are the BSA intent on creating a search tool with a view to list firms on the Darlington Building Society conveyancing panel for example in Fairwater?

Lexsure has not been advised of any plans on the part of the BSA to develop such a tool.

We are purchasing a property and the solicitor has mentioned Chancel Repair to which the property may be liable given it’s proximity to the area of such a church. She has mentioned insurance. Is this strictly warranted for conveyancing in Fairwater

Unless a previous acquisition of the premises completed post 12 October 2013 you may expect lawyers handling conveyancing in Fairwater to remain recommending a chancel search and or chancel repair liability policy.