My lawyer has uncovered a a legal deficiency with the lease for the flat we are buying in Lifton. The seller’s lawyers have put forward defective title insurance as a solution. We are content with insurance and will cover the costs. Our property lawyer has advised that he must check that the bank is happy with this solution. Who is the client here, us or the lender?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the bank are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook conditions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the bank 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 lawyer will have no choice but to discontinue acting for you.
It is a dozen years since I purchased my property in Lifton. Conveyancing lawyers have just been instructed on the sale but I can't track down the title deeds. Is this a problem?
Don’t worry too much. First there is a chance that the deeds will be kept by your lender or they may be archived with the solicitor who oversaw the purchase. Secondly in most cases the title will be recorded at the land registry and you will be able to prove you own the property by your conveyancing lawyers obtaining current official copies of the land registers. Nearly all conveyancing in Lifton involves registered property but in the unlikely event that your property is not registered it adds to the complexity but is resolvable.
Will my conveyancing lawyers need to check that the building insurance for my purchase of a house in Lifton. My lender is Accord Mortgages
Accord Mortgages have specific requirements as set out in the UK Finance Lenders’ Handbook. As of 26/3/2025, the requirements read as follows :
I'm purchasing my first flat in Lifton with a loan from Barnsley Building Society. The builders would not move on the price so I negotiated five thousand pounds worth of fixtures and fittings instead. The estate agent told me not inform my lawyer about the side-deal as it would adversely affect my mortgage with the lender. Is this normal?.
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.
My father-in-law has recommend that I use his conveyancers in Lifton. Should I use them?
There are no two ways about it it’s preferable to find a conveyancing lawyer is to have referrals from friends or family who have actually experience in using the firm that you are are thinking of instructing.
Are you able to clarify what my options are where my Lifton conveyancing searches reveals negative entries?
Ordinarily, almost all adverse entries that arise in Lifton conveyancing search results can be handled in advance of completion or title insurance can be put on cover. It is important to note that even though you may be buying the property and might be willing to live with the search results, your building society or bank may not, and ultimately have the final decision.