My wife and I are planning to buy a house in Leek and have appointed a Leek conveyancing firm. Within the past 48 hours our solicitor has forwarded the sale agreement to be signed with a detailed report with a view to exchanging next week. HSBC Bank have this evening contacted us to advise us that they have now hit a problem as our Leek solicitor is not on their conveyancing panel. What do we do from here?

Where you are buying a property with the assistance of a mortgage it is normal for the purchasers' lawyers to also represent the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your solicitor should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the lender’s conveyancing panel as you are at liberty to use your preferred Leek lawyers, in which case your legal fees may increase, and it may delay matters as you are adding another lawyer into the mix.

In what way does my ID and proof of funds have anything to do with my conveyancing in Leek? Is this really warranted?

Leek conveyancing solicitors as well as nationwide property lawyers throughout the UK have an obligation under money laundering regulations to verify the identity of any client with a view to satisfy themselves that clients are who they say they are.

Conveyancing clients will need to produce two forms of certified ID; proof of identity (usually a Passport or Driving Licence) and evidence of address (typically a Bank Statement less than 3 months old).

Confirmation of source of monies is also required in accordance with the money laundering regulations as solicitors have a duty to check that the monies you are using to buy a property (whether it be the deposit for exchange or the total purchase price where you are buying without a mortgage) has come from legitimate source (such as employment savings) and is not the fruits of criminal activity.

I am considering applying for a Kent Reliance mortgage for purchase of a new build (under development) in Leek with 65 per cent LTV. Is it compulsory to choose a solicitor on the conveyancing panel for Kent Reliance ?

In theory, you could use a solicitor that is not on the Kent Reliance conveyancing panel, but Kent Reliance would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same conveyancing matter.

Will my lawyer be making enquiries regarding flooding during the conveyancing in Leek.

Flooding is a growing risk for conveyancers carrying out conveyancing in Leek. Some people will purchase a property in Leek, completely aware that at some time, it may be flooded. However, aside from the physical damage, where a house is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or dispose of the premises. Steps can be carried out during the course of a house purchase to forewarn the buyer.

Solicitors are not qualified to offer advice on flood risk, but there are a various checks that can be carried out by the buyer or on a buyer’s behalf which will give them a better understanding of the risks in Leek. The standard information sent to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a standard inquiry of the seller to find out whether the property has historically flooded. If the residence has been flooded in past and is not notified by the seller, then a buyer may bring a claim for damages as a result of such an misleading reply. A buyer’s solicitors will also commission an environmental report. This should indicate whether there is any known flood risk. If so, more detailed inquiries will need to be conducted.

I was pointed in your direction by a few estate agents in Leek to choose a property lawyer on your site. Is there a financial incentive for Estate Agents to offer your services ahead of a competitor’s?

We don’t give any financial incentive for directing people in our direction. We thought it would be too underhand a fee because home movers will think, ‘How come the agent getting a kickback? Why am I not getting any benefit too?’ We would prefer to grow our business on genuine recommendations.