I plan on buying a leasehold flat in Warwick. My lawyer is not listed on the mortgage company approved list. Is it possible for me to retain my Warwick conveyancing solicitor notwithstanding that they are not on the lender panel?

You will need to have a to complete the formalities when you take out a loan to purchase your property. The will conduct all the essential due diligence on the property, make sure that you will be registered as proprietor and ensure that all the required mortgage documentation is dealt with. You can appoint a Warwick of your choosing. Nevertheless, if the appointed is not on the bank solicitor panel supplemental costs will arise as separate legal representation will be need by the mortgage company. Lender panel applications may be submitted, so where your lawyer has not previously applied for membership they should take the chance to apply.

I had intended to instruct a conveyancing solicitor in Warwick for our house move. Our financial adviser informed us that our mortgage lenders won't deal with them. Why is this not regarded as unfair competition?

Mortgage Companies normally imposes restrictions either the type or the number of conveyancing firms on their member panel. Typical examples of such restriction(s) being that a law practice must not be a sole practitioner. As well as restricting the profile of firm, some have reduced the amount of firms they use to represent them. Be aware that have no responsibility for the quality of advice provided by any member of Conveyancer Panel. Mortgage fraud was a primary driver in the rationalisation of conveyancing panels a few years ago even though there are mixed views about the level of solicitor engagement in some of that fraud. Statistics from the Land Registry indicate that hundreds of law firms, including some in or near Warwick only conduct one or two conveyances per annum.

Will my solicitor be raising enquiries concerning flooding during the conveyancing in Warwick.

The risk of flooding is if increasing concern for lawyers dealing with homes in Warwick. Plenty of people will purchase a property in Warwick, fully expectant that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, where a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory insurance cover, or dispose of the premises. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.

Solicitors are not best placed to impart advice on flood risk, but there are a various checks that can be undertaken by the purchaser or on a buyer’s behalf which can give them a better understanding of the risks in Warwick. The conventional set of property information forms given to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard question 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 buyer could issue a claim for damages as a result of such an inaccurate response. The buyer’s solicitors should also carry out an environmental search. This will disclose whether there is any known flood risk. If so, additional inquiries will need to be initiated.

I decided to have a survey done on a property in Warwick before instructing conveyancers. I have been advised that there is a flying freehold aspect to the property. The surveyor advised that some lenders will refuse to grant a loan on a flying freehold property.

It varies from the lender to lender. Santander has different requirements from Nationwide. If you call us we can investigate further with the relevant bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Warwick. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Warwick to see if the conveyancing will be more expensive.

My brother has urged me to appoint his conveyancing solicitors in Warwick. Should I use them?

No doubt it’s preferable to select a conveyancing lawyer is to seek guidance from friends or family who have experience in using the firm that you are considering.