I instructed a New Quay based firm for my conveyancing in New Quay yesterday. Reviewing the Terms and Conditions I noteI am liable for charges even if the sale doesn't happen. Should I ditch them and choose a web based conveyancing company offering no move no charge conveyancing in New Quay?

It is usually a trade off in that if "No Sale No Fee" is offered then the conveyancing charges will tend to be be uplifted to offset those cases that abort. Do bear in mind that these arrangements rarely protect you from outlay for example New Quay conveyancing search costs.

Our solicitor has uncovered a defect with the lease for the apartment we are buying in New Quay. The seller’s lawyers have offered defective title insurance as a solution. We are content with insurance and will pay for it. Our solicitor has advised that he must ensure that the bank is willing to move forward 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 lender are the client. Your solicitor must comply with the UK Finance Lenders’ Handbook provisions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender 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 solicitor will have no choice but to discontinue acting for you.

It is is a decade since I bought my property in New Quay. Conveyancing solicitors have just been appointed on the sale but I am unable to find the title documents. Will this cause complications?

You need not be too concerned. First the deeds may be retained by your lender or they may stored with the conveyancers who handled the purchase. Secondly the chances are that the title will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing lawyers procuring up to date copy of the land registers. Almost all conveyancing in New Quay involves registered property but in the unlikely event that your home is not registered it adds to the complexity but is not insurmountable.

Should my solicitor be making enquiries regarding flooding during the conveyancing in New Quay.

The risk of flooding is if increasing concern for lawyers dealing with homes in New Quay. There are those who acquire a house in New Quay, completely aware that at some time, it may be flooded. However, leaving to one side the physical damage, where a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory insurance cover, or dispose of the premises. Steps can be carried out during the course of a property purchase to forewarn the buyer.

Lawyers are not qualified to offer advice on flood risk, however there are a numerous searches that can be carried out by the buyer or by their lawyers which will give them a better understanding of the risks in New Quay. The conventional set of information given to a purchaser’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard question of the owner to discover whether the premises has historically flooded. If flooding has previously occurred which is not notified by the seller, then a purchaser may bring a claim for damages resulting from an inaccurate response. A purchaser’s lawyers may also order an enviro report. This should reveal whether there is any known flood risk. If so, additional investigations will need to be made.

I am buying a new build apartment in New Quay. Conveyancing is a frightening process 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.

Set out below is a sample of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in New Quay

Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. 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 supply evidence that the form of Lease proposed has been approved by the Land Registry. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided.