Some advice if I may. My Brixham conveyancer is informing me me that he has toconduct Brixham conveyancing searches becausethe firm are on the Lloydssolicitor panel. Is my solicitor right?

Unfortunately both you and your lawyer have little choice here. As you are obtaining a home loan with a bank your conveyancer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to follow the Council of Mortgage Lenders’ Handbook requirements . Even if you were a cash buyer you would be ill advised not to carry out Brixham conveyancing searches.

My aunt informed me that in buying a property in Brixham there may be various restrictions affecting the ability to carry out external changes to a property. Is this right?

We are aware of a number of properties in Brixham which have some sort of restriction or requirement of consent to execute external changes. Part of the conveyancing in Brixham should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.

When it comes to lenders such as Santander, do Brixham solicitors face a yearly amount to be on the list of approved solicitors?

We are not aware of any lender fees to be on their list of approved firms, although some do charge an administration charge to deal with the processing of the conveyancing panel application.

My wife and I are at the point of viewing apartments in Brixham and I am now considering a potential offer. Is it premature to have a solicitor in place? I intend to finance via a home loan with HSBC.

It would be wise to commence your search sooner rather than later. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and forward their contact information on to the EA. As you are taking out a mortgage with HSBC, make sure you remember to check that your lawyer is on the HSBC conveyancing panel.

Will our solicitor be raising questions concerning flooding during the conveyancing in Brixham.

The risk of flooding is if increasing concern for conveyancers dealing with homes in Brixham. Plenty of people will buy a property in Brixham, completely expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, where a house is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or dispose of the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.

Solicitors are not best placed to give advice on flood risk, but there are a various searches that may be initiated by the purchaser or by their conveyancers which should figure out the risks in Brixham. The conventional set of property information forms supplied to a buyer’s solicitor (where the Conveyancing Protocol is adopted) incorporates a usual question of the owner to determine whether the premises has suffered from flooding. If the residence has been flooded in past which is not notified by the seller, then a buyer may issue a compensation claim as a result of such an inaccurate response. The buyer’s lawyers may also conduct an enviro report. This should disclose whether there is any known flood risk. If so, further inquiries should be conducted.

About to purchase a new build apartment in Brixham. Conveyancing is a frightening process 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.

Here are examples of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Brixham

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. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Please supply a car parking plan. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme.

Our conveyancer in Brixham has uncovered a a legal deficiency with the lease for the apartment we are buying in Brixham. The seller’s lawyers have put forward defective title insurance as a solution. We are content with insurance and will cover the costs. Our lawyer has advised that as he is on the mortgage company conveyancing panel he must be satisfied that the lender is happy with this solution. Who is the client here, us or the lender?

Just because you have a mortgage offer from the lender does not mean to say that the property will be meet their requirements for the purposes of a mortgage. Your Brixham conveyancing lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook Requirements. You and the bank are the client. These conveyancing instructions must be adhered to by the mortgage company conveyancing panel who has to balance acting for you and the lender