My partner and I are hoping to buy a property in Stapleton and are in fact using a Stapleton conveyancing practice. Within the last couple of days our lawyer has sent a preliminary report and documents to look through with the expectation that exchange is imminent. National Westminster Bank have this afternoon contacted us to inform me that they have now hit a problem as our Stapleton solicitor is not on their approved list of lawyers. Please explain?

When purchasing a property with the benefit of a mortgage it is normal for the purchasers' lawyers to also act for 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 Quality Scheme. Your solicitor should contact your lender 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 don't have to instruct a firm on the bank's conveyancing panel as you are at liberty to use your preferred Stapleton lawyers, in which case it will likely add costs, and it will likely delay the transaction as you are adding another lawyer into the mix.

The owners of the house we are hoping to buy have appointed a conveyancing firm in Stapleton who has recommended a exclusivity agreement with a payment 6,000. Are such contracts recommended for Stapleton conveyancing transactions?

Exclusivity contracts are agreements between a home vendor and prospective buyer granting the buyer exclusive rights to purchase the premises within a prescribed time frame. For all intents and purposes, a lock out agreement is a contract specifying that you should have a contract at a later date being the contract for the actual sale. It is generally used for buyer protection though in some cases, the owner may stand to benefit from such agreements as well. There are numerous positives and negatives to having them but you should to check with your conveyancer but note that it may result in costing you extra in conveyancing charges. For these reasons these contracts are unusual in relation to conveyancing in Stapleton.

We are buying a property in Stapleton. It might be a silly question but how we can trust a solicitor? On completion day we will need to deposit money into their account. What protection do we have from them run away with our money?

Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.

I am assisting my sister sell her flat in Stapleton. Does the solicitor commission an EPC or it is for the owner to coordinate?

Following the abolition of HIPs, EPC’s was left as a required component of moving property. An energy performance certificate should be commissioned in advance of the property being marketed. This is not a task that lawyers normally organise. Where you are instructing a Stapleton conveyancing practitioner they may help arrange EPC’s due to their relationships with reputable local energy assessors

I'm the single recipient of my late grandmother’s will with all property in now in my sole name, including the my former home in Stapleton. The Stapleton property was put into my name in September. I want to move. I understand that there is a Mortgage Lenders 6 month 'rule', meaning my property ownership may be regarded the same way as though I had purchased the house in September. Is the property unsalable for six months?

The Council of Mortgage Lenders’ handbook requires conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you could be impacted by that. How sensible a view banks take of it, depend on the mortgage company as this clause chiefly exists to identify subsales or the quick reselling of property.

How does conveyancing in Stapleton differ for newly converted properties?

Most buyers of new build or newly converted property in Stapleton approach us having been asked by the builder to sign contracts and commit to the purchase even before the house is finished. This is because builders in Stapleton typically purchase the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Stapleton or who has acted in the same development.

Last April I purchased a leasehold flat in Stapleton. Do I have any liability for service charges relating to a period prior to completion of my purchase?

Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Stapleton Conveyancing for Leasehold Flats - Examples of Questions you should consider Prior to buying

Be sure to enquire if the the lease contains any unreasonable restrictions in the lease. For instance it is reasonably common in Stapleton leases that pets are not permitted in in a block in Stapleton. If you love the flatin Stapleton however your dog can’t make the move with you then you will be faced hard compromise. Is there a share of the freehold?