I can't travel far from Gower. What is the rationale as to why all Gower conveyancing practitioners are not on all mortgage company panels?

Pre- 2008 most lenders displayed an attitude to risk which is different than today. The Financial Services Authority in 2010 instigated a thematic review into fraud which concluded: know the property lawyers on your panel. As a result, banks have subsequently looked to extract more information from law firms about their processes and the staff who work for them and set certain criteria such as completing a minimum volume of transactions. Thousands of firms have been removed from lender panels even though they had 100% healthy track record, no complaints and zero claims and didn't just 'dabble' in conveyancing. Such firms found it impossible satisfy the minimum amount of transactions the mortgage companies insisted on.

Will my conveyancer be raising questions about flooding as part of the conveyancing in Gower.

Flooding is a growing risk for solicitors dealing with homes in Gower. Plenty of people will buy a house in Gower, fully aware that at some time, it may suffer from flooding. However, leaving to one side the physical damage, if a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or dispose of the premises. There are steps that can be taken during the course of a house purchase to forewarn the buyer.

Lawyers are not qualified to impart advice on flood risk, however there are a various searches that can be carried out by the buyer or on a buyer’s behalf which should give them a better understanding of the risks in Gower. The standard completed inquiry 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 vendor to discover if the premises has suffered from flooding. If flooding has previously occurred and is not notified by the owner, then a buyer could issue a claim for damages as a result of such an inaccurate reply. A purchaser’s conveyancers should also carry out an enviro search. This will higlight whether there is any known flood risk. If so, further inquiries should be carried out.

I opted to have a survey completed on a house in Gower ahead of instructing lawyers. I have been advised that there is a flying freehold overhang to the property. Our surveyor advised that some banks may refuse to issue a mortgage on a flying freehold home.

It depends who your proposed lender is. Lloyds has different instructions from Birmingham Midshires. Should you wish to call us we can check via the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Gower. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Gower to see if the conveyancing will be more expensive.

My husband and I are new on the property ladder - agreed a price, yet the property agent has warned us that the seller will only go ahead if we use the agent's chosen solicitors as they are insisting on a ‘quick sale’. My instinct tells me that we should use a family conveyancer with experience of conveyancing in Gower

It is improbable the owners are driving this. If they require ‘a quick sale', alienating a motivated buyer is not the way to achieve this. Contact the owners directly and make the point that (a)you are keen to buy (b)you are excited to move forward, with mortgage lined up © you are chain free (d) you wish to move quickly (e)but you intend to instruct your own,trusted Gower conveyancing firm - not the ones that will earn the negotiator at the agency a referral fee or achieve conveyancing targets pre-set by corporate headquarters.

What are the frequently found defects that you witness in leases for Gower properties?

There is nothing unique about leasehold conveyancing in Gower. All leases are unique and legal mistakes in the legal wording can result in certain clauses are erroneous. The following missing provisions could result in a defective lease:

A provision for the recovery of money spent for the benefit of another party. Service charge per centages that don't add up correctly leaving a shortfall

You may have a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. National Westminster Bank, The Royal Bank of Scotland, and TSB all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, forcing the purchaser to withdraw.

Leasehold Conveyancing in Gower - Examples of Questions you should consider before buying

For many Gower leaseholds the cost for major works tend not to be included within maintenance charges, although some managing agents in Gower require tenants to contribute towards a reserve fund created for the specific intention of building a fund for larger works. How is the lease structured? Is anyone aware of any major works anticipated that will add a premium to the service fees?