My solicitor has uncovered a a legal deficiency with the lease for the property we are buying in Kimberley. The seller’s lawyers have suggested defective title insurance as a solution. We are content with insurance and will cover the costs. Our lawyer says that he must ensure that the mortgage company is willing to move forward with this solution. Who is the client here, us or the bank?

Regardless of the fact that you have a mortgage offer from the lender does not mean to say that the property will meet their requirements for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook specifications. You and the mortgage company are the client. The appropriate lender requirements must be adhered to.

I have been told that property searches are the number one cause of hinderance in Kimberley house deals. Is this right?

The Council of Property Search Organisations (CoPSO) released findings of a review by MoveWithUs that conveyancing searches do not feature amongst the common causes of delays in the conveyancing process. Searches are not likely to feature in any slowing down conveyancing in Kimberley.

I'm purchasing a new build house in Kimberley with a mortgage from Alliance & Leicester . The sellers refused to move on the price so I negotiated 6k of extras instead. The property agent told me not disclose to my solicitor about this extras as it could impact my mortgage with Alliance & Leicester . Do I keep my lawyer in the dark?.

All lenders require a Disclosure of Incentives Form from the developer 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.

Due to the advice of my in-laws I had a survey completed on a house in Kimberley before instructing solicitors. I have been advised that there is a flying freehold element to the house. My surveyor advised that some mortgage companies will not issue a loan on this type of premises.

It varies from the lender to lender. HSBC has different requirements for example to Birmingham Midshires. Should you wish to call us we can check with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Kimberley. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Kimberley to see if the conveyancing will be more expensive.

I am purchasing a maisonette mortgage free. My conveyancer has been given with 2 separate evidence of photographic identification, bank statement, multiple utility bills. Now he requires a copy from a probate lawyer stating that the funds are legitimate and that it has come from inheritance and not selling fake DVD.

For some years now requires conveyancing solicitors as well as banks, building societies and other financial institutes to obtain satisfactory evidence of the identity of the client. This is because solicitors who deal with money and property on behalf of their clients can be used by criminals wishing to launder money. In order to comply with the law of money laundering, your Kimberley conveyancing lawyer will need to obtain evidence of your identity as as well as make sure that your funds are legitimate.