Should my lawyer be asking questions regarding flooding during the conveyancing in Rye.

Flooding is a growing risk for solicitors carrying out conveyancing in Rye. Some people will acquire a property in Rye, fully expectant that at some time, it may be flooded. However, leaving to one side the physical damage, if a property is at risk of flooding, it may be difficult to obtain a mortgage, suitable insurance cover, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.

Conveyancers are not qualified to impart advice on flood risk, but there are a various searches that may be initiated by the purchaser or on a buyer’s behalf which will give them a better appreciation of the risks in Rye. The conventional set of completed inquiry forms given to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a standard question of the seller to discover whether the premises has historically flooded. If the property has been flooded in past which is not revealed by the vendor, then a purchaser may issue a compensation claim as a result of such an misleading reply. A purchaser’s conveyancers should also carry out an environmental report. This should higlight whether there is any known flood risk. If so, additional investigations will need to be carried out.

I am buying a new build house in Rye with a loan from . The builders would not reduce the amount so I negotiated five thousand pounds worth of fixtures and fittings instead. The property agent told me not inform my lawyer about the extras as it will jeopardize my mortgage with . Should I keep quiet?.

All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.

Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.

Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.

Due to the encouragement of my in-laws I had a survey completed on a property in Rye in advance of instructing solicitors. I have been told that there is a flying freehold element to the house. The surveyor has said that some banks may refuse to give a loan on a flying freehold house.

It depends who your proposed lender is. Bank of Scotland has different requirements for example to Birmingham Midshires. If you e-mail us we can check via the relevant bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Rye. Conveyancing may be slightly more expensive based on your lender's requirements.

What does commercial conveyancing in Rye cover?

Rye conveyancing for business premises covers a broad range of services, given by qualified solicitors, relating to business premises. For example, this type of conveyancing can cover the sale or purchase of freehold business premises or, more commonly, the transfer of existing business tenancies or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial loans and the termination of leases.

Sixweeks into a sale of a flat in Rye. Conveyancing solicitors are doing their job but we have been asked to pay an extortionate amount by the managing agents. So far we have issued a cheque for £237 for a leasehold management information and then a further £200 plus VAT for supplemental questions raised by the buyers .

You will not have any say over the extent of the bill for this information but the typical costs for the information for Rye leasehold property is £360. For Rye conveyancing transactions it is standard for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer these questions although many will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Regretfully there is no legislation that requires fixed fees for administrative tasks. Nor is there any statutory time limit by which they are required to provide answers.