I am progressing with the sale of my home in Tiverton and the estate agent has just telephoned to say that the buyers are swapping law firm. The reason given is that the lender will only engage with property lawyers on their conveyancing panel. On what basis would a big named lender only work with specific solicitors rather the firm that they want to select to handle their conveyancing in Tiverton ?

Banks have always had an approved set of law firms that can represent them, but in the past few years big names such as Yorkshire Building Society, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for more than 15 years.

Lending institutions point to the increase in fraud by way of justification for the cull – criteria have been stiffened as a smaller panel is easier to maintain. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is being contacted daily by practices that have been removed from panels. Some are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The buyers are unlikely to have any sway in the decision.

We are purchasing a property in Tiverton. It might be a silly question but how we can trust a lawyer? On the day of competition we will need to send our life savings into their account. What protection do we have from them run away with our deposit?

Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.

About to purchase apartment in Tiverton. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Lender if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Santander conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.

They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Tiverton property lawyer is on the Santander conveyancing panel.

I have instructed a Tiverton property lawyer having made sure that they are on the Yorkshire BS conveyancing panel. Does my lawyer arrange the survey of the property?

Yorkshire BS will need an independent valuation of the property. Your lawyer will not arrange this. Usually Yorkshire BS will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Tiverton surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.

Will my solicitor be raising questions about flooding during the conveyancing in Tiverton.

Flooding is a growing risk for lawyers conducting conveyancing in Tiverton. There are those who buy a house in Tiverton, completely expectant that at some time, it may suffer from flooding. However, aside from the physical damage, if a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.

Lawyers are not best placed to give advice on flood risk, but there are a various checks that may be carried out by the buyer or by their lawyers which can figure out the risks in Tiverton. The standard completed inquiry forms given to a buyer’s lawyer (where the Conveyancing Protocol is adopted) incorporates a usual question of the seller to find out if the property has ever been flooded. In the event that flooding has previously occurred which is not disclosed by the owner, then a purchaser may issue a compensation claim resulting from an inaccurate response. The purchaser’s solicitors may also carry out an environmental report. This should higlight if there is a recorded flood risk. If so, additional investigations should be initiated.

As co-executor for the will of my aunt I am selling a residence in Cardiff but reside in Tiverton. My conveyancer (who is 200 kilometers awayhas requested that I sign a stat dec before the transaction finalising. Can you recommend a conveyancing solicitor in Tiverton to witness this legal document for me?

Technically speaking you should not need to have the documents attested by a conveyancing solicitor. Ordinarily any notary public or qualified solicitor will suffice regardless of whether they are based in Tiverton

Are there frequently found defects that you come across in leases for Tiverton properties?

Leasehold conveyancing in Tiverton is not unique. All leases are unique and drafting errors can sometimes mean that certain sections are wrong. The following missing provisions could result in a defective lease:

Service charge per centages that don't add up correctly leaving a shortfall A provision to repair to or maintain elements of the premises

You could encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Santander, Chelsea Building Society, and Platform Home Loans Ltd all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the purchaser to withdraw.

Tiverton Conveyancing for Leasehold Flats - Examples of Questions you should ask before buying

The prefered form of lease arrangement is a share of the freehold. In this scenario the lessees benefit from control and notwithstanding that a managing agent is usually retained where the building is larger than a house conversion, the managing agent retained by the leaseholders. Make sure you enquire if the the lease includes any onerous restrictions in the lease. For instance some leases prohibit pets being allowed in certain buildings in Tiverton. If you love the apartmentin Tiverton but your dog can’t make the move with you then you will be faced hard compromise.