My partner and I are purchasing a newly constructed flat in Ellesmere and my conveyancer is advising me that she is duty bound to the bank to reveal incentives from the developer. The Estate Agents are hassling me to sign contracts and my preference is not to prolong matters. Is my lawyer right?
You should not exchange unless you have been advised to do so by your property lawyer. A precondition to being on a bank panel is to comply with the UK Finance Lenders’ Handbook conditions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
What is the difference between a licensed conveyancer and conveyancing solicitor in Ellesmere
Two types of professional can execute conveyancing in Ellesmere namely licenced conveyancers or solicitors. The two can handle conveyancing services that you need to complete the sale or acquisition of property. They are both obliged to perform Ellesmere conveyancing to the same standards and guidelines so you may be safe in the knowledge that your conveyancing will be professionally carried out and that all requirements and procedures will be appropriately followed.
is it true that all Ellesmere conveyancing solicitors on the Yorkshire BS conveyancing panel are regulated by the SRA?
As a firm of solicitors, in order to be on the Yorkshire BS approved list of solicitors they would need to be governed by the SRA. Many mortgage companies do allow licenced conveyancers on their panel and in such a situation the organisation would be overseen by the CLC.
After much negotiation I have agreed a price on a house in Ellesmere. My mortgage broker pressured me to appoint their property lawyer. I paid an upfront payment of £150. A couple of days later, the conveyancing practitioner contacted me sheepishly admitting that they were not on the Nationwide conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Nationwide panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
Should my conveyancer be making enquiries about flooding during the conveyancing in Ellesmere.
Flooding is a growing risk for lawyers dealing with homes in Ellesmere. Some people will purchase a property in Ellesmere, fully expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or dispose of the premises. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.
Solicitors are not best placed to give advice on flood risk, but there are a number of checks that may be initiated by the purchaser or on a buyer’s behalf which should give them a better understanding of the risks in Ellesmere. The standard information sent to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual inquiry of the vendor to discover whether the premises has suffered from flooding. In the event that flooding has previously occurred which is not disclosed by the vendor, then a buyer may commence a legal claim for losses as a result of such an misleading reply. The buyer’s solicitors will also order an enviro report. This should higlight if there is any known flood risk. If so, more detailed inquiries will need to be initiated.
I have been on the look out for a leasehold apartment up to £195,000 and identified one close by in Ellesmere I like with open areas and railway links nearby, however it only has 52 years unexpired on the lease. I can't really find anything else in Ellesmere in this price bracket, so just wondered if I would be making a mistake purchasing a short lease?
Should you need a mortgage that many years will likely be an issue. Reduce the price by the anticipated lease extension will cost if not already taken into account. If the current proprietor has owned the property for at least twenty four months you could ask them to start the process of the extension and then assign it to you. An additional ninety years can be extended on to the current lease term with a zero ground rent applied. You should speak to your conveyancing lawyer concerning this matter.
As co-executor for the estate of my grandmother I am selling a property in Newport but live in Ellesmere. My solicitor (approximately 235 miles from meneeds me to sign a stat dec prior to completion. Can you recommend a conveyancing solicitor in Ellesmere who can witness and place their company stamp on the document?
Technically speaking you are not likely to be required to have the documents attested by a conveyancing solicitor. Normally or notary public or solicitor will do regardless of whether they are Ellesmere based
We have just become aware that one of the directors of the law firm undertaking the purchase conveyancing in Ellesmere is related to the owners that we are purchasing from. Is this permitted?
As long as no conflict arises this is allowable. Where you are requiring a mortgage then the bank may have a say as many mortgage companies have specific instructions concerning this. For example for Skipton Building Society as of 31/3/2025, the requirements read as follows :