My husband and I are hoping to purchase a home in Barnt Green and have instructed a Barnt Green conveyancing practice. Within the past 48 hours our conveyancer has sent a preliminary report and documents to look through in anticipation of exchanging contracts shortly. Barnsley Building Society have this morning contacted us to inform me that they have now hit a problem as our Barnt Green lawyer is not on their approved list of lawyers. Please explain?

Where you are buying a property needing a mortgage it is normal for the purchasers' solicitors 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 property lawyer should contact your bank and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You don't have to instruct a firm on the lender’s conveyancing panel as you are at liberty to use your preferred Barnt Green lawyers, in which case it will likely add costs, and it may delay matters as you are adding another lawyer into the mix.

A colleague advised me that where I am purchasing in Barnt Green I should carry out a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?

This is a search is occasionally included in the estimate for your Barnt Green conveyancing searches. It is a large document of about 40 pages, listing and detailing important information about Barnt Green around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Barnt Green Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average House Prices, Crime details, Barnt Green Education with plans and statistics, Local Amenities and other useful information concerning Barnt Green.

The estate agent has sent us the confirmation of our purchase of a new build flat in Barnt Green. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.

Here is a sample of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Barnt Green

Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Forfeiture - bankruptcy or liquidation must not apply under this provision. Please supply a car parking plan. 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. Please confirm the Lease plans are surveyor prepared.

I decided to have a survey carried out on a house in Barnt Green before instructing lawyers. I have been told that there is a flying freehold overhang to the property. Our surveyor advised that some mortgage companies may refuse to grant a loan on such a property.

It depends who your proposed lender is. Santander has different instructions for example to Nationwide. Should you wish to call us we can investigate further via the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Barnt Green. Conveyancing may be slightly more expensive based on your lender's requirements.

Our lawyer in Barnt Green has discovered a a problem with the lease for the flat we are buying in Barnt Green. The seller’s lawyers have offered title insurance as a workaround. We are content with insurance and will cover the costs. Our solicitor has advised that as he is on the bank conveyancing panel he must check that the lender is happy with this solution. Who is the client here, us or the mortgage company?

The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the mortgage company are the client. A precondition to being on the mortgage company approved panel is to comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects will the lease so that the bank can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected . Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.