My fiance and I are planning to purchase a flat in Caersws and have appointed a Caersws conveyancing practice. Within the past 48 hours our property lawyer has forwarded the sale agreement to be signed with a detailed report in anticipation of exchanging contracts shortly. Birmingham Midshires have this afternoon contacted us to advise us that they have now hit a problem as our Caersws solicitor is not on their conveyancing panel. Please explain?

When purchasing a property with mortgage finance it is conventional for the purchasers' lawyers to also represent 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 lawyers to represent them. You are not legally obliged to appoint a law firm on the lender’s conveyancing panel as you are at liberty to use your preferred Caersws lawyers, in which case it will likely add costs, and it will likely delay the transaction as you are adding another lawyer into the mix.

Our conveyancer has identified a a problem with the lease for the flat we are buying in Caersws. The seller’s lawyers have offered title insurance as a solution. We are happy with insurance and will cover the costs. Our conveyancing practitioner has advised that he must ensure that the lender is willing to move forward with this solution. Are we the client or is the bank?

Notwithstanding that you have a mortgage offer from the mortgage company does not mean to say that the property will meet their requirements for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook specifications. You and the bank are the client. The appropriate lender requirements have to be complied with.

My brother-in-law has suggested I instruct a conveyancing solicitor in Caersws. I I am struggling to find out if they are on the Skipton Building Society conveyancing panel. Can you advise?

The first thing to do is phone the solicitor and ask them if they can act for the lender. Otherwise you can call Skipton Building Society who may be able to assist.

I am using a search engine for the words cheap conveyancing in Caersws it reveals many solicitorsin the vicinity. With so much choice what is the best way to find the suitable solicitor for the sale of my house?

The best method of seeking the right conveyancer is via trusted referral, so ask friends and those you trust who have purchased a property in Caersws or a reputable estate agent or financial adviser. Costs for conveyancing in Caersws differ, so it's a good idea to secure a minimum of three fee calculations from varying types of conveyancers. Dont forget to clarify that the costs are assured not to increase.

What advice can you give us when it comes to finding a Caersws conveyancing firm to carry out our lease extension conveyancing?

When appointing a solicitor for your lease extension (regardless if they are a Caersws conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with several firms including non Caersws conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions might be of use:

How familiar is the firm with lease extension legislation?

Caersws Leasehold Conveyancing - A selection of Questions you should consider before Purchasing

What prohibitions are there in the Caersws Lease? Are any of leasehold owners in arrears of their service charge liability? Is the freehold reversion owned jointly by the tenants?