My wife and I are purchasing a ground floor flat in Walton on the Naze. My Conveyancer has never been on on the lender conveyancing list. Can I still appoint my Walton on the Naze conveyancing solicitor notwithstanding that they are not on the bank list of approved lawyers?

One will need to have a conveyancing practitioner to deal with the legal work required if you need a mortgage to purchase your home. The property lawyer will carry out all the relevant legal checks on the property, ensuring that you will be registered as proprietor and ensure that all the necessary mortgage documentation is dealt with. One can instruct a Walton on the Naze lawyer of your choice. Nevertheless, if the lawyer selected is not a member of the mortgage company solicitor panel additional fees will be levied as separate legal representation will be required by them. Bank panel applications can be submitted, so where your conveyancer has not previously sought membership they should take the opportunity to apply.

Having sold my house in Walton on the Naze last April yet the purchaser is SMS messaging every few hours to moan that his lawyer is waiting to hear from mine. What are the post completion sale formalities now that I have sold?

After completion of your sale your conveyancer should forward the transfer documentation and all of the paperwork to the buyer’s solicitors. Depending on the transaction, your conveyancer should also confirm that the home loan has been redeemed to the buyers solicitors. There are no post completion formalities specific conveyancing in Walton on the Naze.

I am buying a new build flat in Walton on the Naze. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.

Set out below is a sample of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Walton on the Naze

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. There must be mutual enforceability of lessee’s covenants. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided.

I opted to have a survey done on a house in Walton on the Naze before appointing conveyancers. I have been informed that there is a flying freehold overhang to the house. The surveyor advised that some lenders tend refuse to issue a mortgage on such a premises.

It depends who your proposed lender is. HSBC has different instructions from Halifax. If you call us we can check with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Walton on the Naze. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Walton on the Naze to see if the conveyancing will be more expensive.

My offer on semi in Walton on the Naze has been accepted, but there is a chain. The owners have offered on on an apartment, although it’s not been accepted yet, and are looking at other properties in the pipeline. I have instructed a nearby conveyancing solicitor in Walton on the Naze. What do I do now? When should I get the mortgage application with Clydesdale started with Clydesdale?

It is normal to have concerns where there is a chain as you are unlikely to want to be too out of pocket too early (home loan application is approx £1k, then survey, Walton on the Naze conveyancing search charges, etc). First, you should ensure that your conveyancer is on the Clydesdale approved list. As to the subsequent phase this very much dictated by the specifics of your transaction, desire for the property and on the state of the market. In a hot market some home buyers will apply for the mortgage with Clydesdale and arrange for the valuation and only if it was satisfactory would they pay their conveyancing practitioner to proceed with the conveyancing in Walton on the Naze.