My son-in-law is purchasing a new build apartment in Malvern with a home loan from Clydesdale. His lawyer has said that there is a delay in completing the ‘Disclosure of Incentive Form’. Who needs to receive the form?

The document is intended to provide information to the main parties engaged in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the Clydesdale conveyancing panel as a standard part of the process, and to the valuer when requested. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Clydesdale conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.

Can you help - my lawyer advises that flying freehold insurance is needed on my purchase. What is the level of cover for Malvern conveyancing?

The right level of flying freehold indemnity insurance depends on who your lender is. It would differ for example between Nationwide Building Society and Virgin Money. Conveyancing practitioners as opposed to borrowers take out such insurances.

I happen to be the single beneficiary of my late grandmother’s will and I have everything in my name alone, including the house in Malvern. Conveyancing formalities meant that the Land Registry date was in June. I plan to dispose of the property. I do know about the Mortgage Lenders 6 month 'rule', meaning my property ownership may be treated the same way as though I had purchased the property in June. Do I have to wait half a year to sell?

The CML handbook requires conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be caught by that. How practical a view mortgage companies take of it, depend on the mortgage company as this obligation chiefly exists to capture the purchase and immediately sell or the wholesaling and assigning of properties.

I am currently in the process of buying my council flat in Malvern. I have a mortgage agreed with Yorkshire BS. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?

It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Yorkshire BS, you will need to appoint a solicitor on the Yorkshire BS conveyancing panel.

I was pointed in your direction by numerous selling agents in Malvern to get a quote from a conveyancer using your seach tool. Is there a financial advantage for Estate Agents to market your services ahead of a competitor’s?

We don’t make any commission for pointing buyers and sellers our way. We found it would be just too difficult to pay a commission as members of the public would think, ‘How come the agent getting a kickback? Why am I not receiving any benefit too?’ So we decided to step away from that.

We're new on the property ladder - agreed a price, but the estate agent told us that the owners will only go ahead if we use their chosen lawyers as they need an ‘expedited deal’. Our preferred option is to instruct a family conveyancer used to conveyancing in Malvern

We suspect that the seller is not behind this demand. If they want ‘a quick sale', taking such a hostile approach to a motivated purchaser is is going to put the whole deal at risk. Try to communicate with the owners directly and make the point that (a)you are serious purchasers (b)you are ready to go, with mortgage lined up © you do not need to sell (d) you intend to proceed fast (e)however you intend to use your preferred Malvern conveyancing solicitors - not the ones that will provide their estate agent a commission or hit his conveyancing targets pre-set by senior management.

I only have Seventy years left on my lease in Malvern. I am keen to get lease extension but my freeholder is missing. What should I do?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to track down the freeholder. On the whole an enquiry agent may be helpful to carry out a search and to produce an expert document which can be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer both on devolving into the landlord’s disappearance and the application to the County Court overseeing Malvern.

Leasehold Conveyancing in Malvern - A selection of Queries Prior to buying

How much is the ground rent and service charge? What is the the remaining lease term? Best to be warned if changing the roof or some other significant cost is coming up that will be shared amongst the leasehold owners and may well dramatically increase the the maintenance fees or require a specific invoice.