My husband and I are buying a newly constructed flat in Montgomery and my solicitor is informing me that she has to the mortgage company to reveal incentives from the developer. I am on a tight deadline to exchange and I don't want to prolong 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 lender panel is to comply with the UK Finance Lenders’ Handbook requirements. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.

As someone with no idea as to the Montgomery conveyancing process what’s the number one tip you can give me concerning the house moving process in Montgomery

You may not hear this from too many lawyers but conveyancing in Montgomery and elsewhere in England and Wales is often a confrontational process. Put another way, when it comes to conveyancing there exists plenty of opportunity for friction between you and other parties involved in the legal transfer of property. For example, the vendor, selling agent and on occasion a bank. Selecting a law firm for your conveyancing in Montgomery is a critical decision as your conveyancer is your adviser, and is the ONLY person in the process whose responsibility is to act in your best interests and to keep you safe.

Every so often a third party with a vested interest may try and convince you that it is in your interests to do things their way. For instance, the selling agent may claim to be helping by suggesting your lawyer is dragging his heels. Or your mortgage broker may advise you to do take action that is contrary to your conveyancers advice. You should always trust your lawyer above all other parties in the home moving process.

The estate agent has sent us the confirmation of our purchase of a new build apartment in Montgomery. Conveyancing is necessary evil 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 few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Montgomery

Forfeiture - bankruptcy or liquidation must not apply under this provision. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.

I opted to have a survey done on a property in Montgomery ahead of retaining conveyancers. I have been advised that there is a flying freehold aspect to the property. My surveyor has said that some lenders tend refuse to issue a mortgage on a flying freehold house.

It depends who your proposed lender is. Santander has different instructions for example to Birmingham Midshires. If you contact us we can look into this further with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Montgomery. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Montgomery to see if the conveyancing will be more expensive.

I'm converting the mortgage on my existing home to a BTL loan with Godiva Mortgages Ltd and I will use the rest of the raised equity as a down payment on a second property. The location we are looking at is Montgomery. Will your lawyers be able to act for both sets of lenders and link together the conveyances?

Do use our comparison tool on this site to be sure that the lawyers are approved by both banks. Assuming that they are your conveyancer will be able to simultaneously deal with the two conveyancing matters but you should have a chat with you solicitor and make clear your desired outcome and needs.