We are purchasing a new build apartment in Hawkhurst and my solicitor is advising me that she has to the bank to disclose incentives from the developer. The Estate Agents are hassling me to exchange and my preference is not to delay matters. is my lawyer playing by the book?

You should not exchange unless you have been advised to do so by your solicitor. A precondition to being on a lender 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.

Will my lawyer be asking questions regarding flooding as part of the conveyancing in Hawkhurst.

Flooding is a growing risk for conveyancers specialising in conveyancing in Hawkhurst. Some people will acquire a property in Hawkhurst, fully expectant that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, where a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or sell the property. There are steps that can be taken during the course of a property purchase to forewarn the buyer.

Conveyancers are not qualified 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 can figure out the risks in Hawkhurst. The conventional set of property information forms sent to a buyer’s lawyer (where the Conveyancing Protocol is adopted) incorporates a usual question of the seller to find out whether the premises has suffered from flooding. In the event that the residence has been flooded in past which is not notified by the vendor, then a buyer could commence a legal claim for losses as a result of such an incorrect answer. The buyer’s solicitors should also conduct an environmental report. This will disclose if there is any known flood risk. If so, additional investigations will need to be initiated.

I am buying my first flat in Hawkhurst with the aid of help to buy. The developers 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 solicitor about this side-deal as it could 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.

Due to the advice of my in-laws I had a survey completed on a house in Hawkhurst ahead of appointing lawyers. I have been told that there is a flying freehold aspect to the property. Our surveyor has said that some banks will refuse to issue a mortgage on this type of property.

It varies from the lender to lender. Lloyds has different requirements for example to Nationwide. Should you wish to telephone us we can check with the relevant bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Hawkhurst. Conveyancing will be smoother if you use a solicitor in Hawkhurst especially if they regularly deal with such properties in Hawkhurst.

I'm purchasing a apartment in Hawkhurst. I have found my conveyancer's company on the Law Society's list, but I can't find my conveyancer's name as listed on the regulator's website. Is this a big problem?

Not all staff in the law firm must be listed by the regulator. As long there is a manager qualified to 'oversee' the transaction, the actual day-to-day activity can be undertaken by unqualified staff.