Our son is buying a newly built flat in Norris Green with a mortgage from Co-operative. His conveyancer has advised him of a delay in completing 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 transaction. Therefore, it will be provided to your son’s lawyer who should be on the Co-operative conveyancing panel as a standard part of the process, and to the surveyor when asked. 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 Co-operative conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.

Can you clarify what the consequences are if my solicitor is expelled from the Principality Solicitor panel ahead of completing my conveyancing in Norris Green?

The first thing to point out is that, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.

Should my conveyancer be raising questions about flooding as part of the conveyancing in Norris Green.

The risk of flooding is if increasing concern for lawyers dealing with homes in Norris Green. There are those who buy a house in Norris Green, fully expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, if a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate building insurance, or sell the property. Steps can be carried out during the course of a property purchase to forewarn the purchaser.

Lawyers are not best placed to impart advice on flood risk, however there are a various searches that can be undertaken by the purchaser or on a buyer’s behalf which will figure out the risks in Norris Green. The standard property information forms sent to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) incorporates a usual inquiry of the owner to find out whether the premises has historically flooded. If flooding has previously occurred which is not disclosed by the vendor, then a purchaser may commence a legal claim for losses stemming from an inaccurate answer. A buyer’s lawyers should also carry out an environmental search. This should indicate if there is a recorded flood risk. If so, further inquiries will need to be made.

Despite weeks of looking the Title Certificate and documents to our home are lost. The solicitors who handled the conveyancing in Norris Green 4 years ago are no longer around. What do I do?

In today’s world there are copies made of almost everything, and your conveyancer should know precisely where to locate all the suitable documentation so you can buy or sell your property without a hitch. If copies are not available, your solicitor can put in place insurance or indemnities protecting you against possible claims on your property.

In my capacity as executor for the will of my father I am disposing of a residence in Monmouth but I am based in Norris Green. My lawyer (approximately 260 kilometers awayhas requested that I execute a statutory declaration prior to the transaction finalising. Could you suggest a conveyancing practitioner in Norris Green who can attest and place their company stamp on the document?

strictly speaking you are not likely to be required to have the documents witnessed by a conveyancing solicitor. Ordinarily or notary public or qualified solicitor will do regardless of whether they are Norris Green based