I am nearing exchange of contracts for my maisonette in Tottenham Green and the EA has just e-mailed to say that the purchasers are appointing a new property lawyer. I am told that this is due to the fact that the mortgage company will only work with property lawyers on their approved list. On what basis would a big named mortgage company only engage with specific solicitors rather the firm that they want to select to handle their conveyancing in Tottenham Green ?

Lenders have always had panels of law firms that can act for them, but in recent years big names such as Santander, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have acted for them for more than 15 years.

Lenders blame a rise in fraud by way of justification for the pruning – criteria have been stiffened as a smaller panel is easier to monitor. Banks tend not to reveal how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is being contacted daily by practices that have been removed from panels. Plenty of firms do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your buyers are not going to have any sway in the decision.

I am helping my aunt sell her property in Tottenham Green. Will the solicitor commission an energy performance certificate or it is for the seller to see to?

After the demise of Home Packs, energy performance certificates was kept a mandatory element of moving property. An energy performance certificate needs to be to hand in advance of the property being marketed. It is not a task that solicitors ordinarily arrange. Where you are instructing a Tottenham Green conveyancing solicitor they may be willing to arrange energy performance certificates given their relationships with reputable Tottenham Green assessors

I can not work out if my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Tottenham Green bank branch on numerous occasions and was told it wasn't an issue and they will lend. My Tottenham Green conveyancing solicitor - who is on the lender conveyancing panel- called and was told they would not lend in accordance with their specific requirements. Who do I believe?

Your solicitor has to comply with the Council of Mortgage Lenders’ Handbook section two conditions for your bank. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years remaining.

I recently had an offer agreed on an apartment in Tottenham Green. My financial adviser pressured me to appoint their solicitor. I paid an on account payment of £225. Soon after, the lawyer called me embarrassingly acknowledging that they were not on the UBS conveyancing panel. Am I right in thinking that I should be due a refund?

You should be able to recover this from the law firm if they were not on the UBS panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.

Should our lawyer be raising questions concerning flooding during the conveyancing in Tottenham Green.

Flooding is a growing risk for conveyancers dealing with homes in Tottenham Green. Some people will buy a house in Tottenham Green, completely aware that at some time, it may be flooded. However, leaving to one side the physical damage, where a property is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or sell the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.

Solicitors are not qualified to give advice on flood risk, but there are a numerous checks that may be carried out by the buyer or by their solicitors which should give them a better understanding of the risks in Tottenham Green. The conventional set of information sent to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) incorporates a usual inquiry of the seller to discover if the premises has suffered from flooding. If the property has been flooded in past and is not notified by the vendor, then a buyer may bring a compensation claim as a result of such an incorrect response. A purchaser’s solicitors may also order an enviro report. This will disclose whether there is any known flood risk. If so, further investigations will need to be conducted.

Due to the guidance of my in-laws I had a survey completed on a house in Tottenham Green prior to instructing lawyers. I have been told that there is a flying freehold overhang to the house. The surveyor has said that some banks may not give a loan on such a property.

It depends who your proposed lender is. HSBC has different requirements for example to Birmingham Midshires. If you e-mail us we can check via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Tottenham Green. Conveyancing may be slightly more expensive based on your lender's requirements.

My step-father has suggested that I instruct his conveyancing solicitors in Tottenham Green. Do I take his guidance?

No doubt it’s preferable to choose a conveyancing lawyer is to seek referrals from friends or family who have actually previously instructed the firm that you are are thinking of instructing.