According to Homes and Communities Agency guidance, developers must “strongly encourage” potential Help to Buy borrowers to seek independent advice before buying.

But Your Mortgage found at least three developers have drawn up terms and conditions which seem to contradict this guideline.

Linden Homes’ Help to Buy terms and conditions stated applicants will be referred to the developer’s broker of choice, New Homes Mortgage Helpline, before their application is processed.

It said applicants were not permitted to use their own ‘mortgage lender’ or solicitor: “All reservations will be subject to a pre-qualification by New Homes Mortgage Helpline and you will also be required to use our local nominated solicitor.”

Linden Homes told Your Mortgage the terms and conditions were written at the time the scheme launched based on the information available and the experience of previous schemes:

“As a responsible house builder, we fully comply with the Consumer Credit Act, also working within the stringent Consumer Code for Homebuilders to ensure that our customers are best advised and not misled.

“All customers are subject to the pre-qualification process via our independent financial advisers, New Homes Mortgage Helpline as standard. We recommend using our nominated local solicitors to make the process as smooth as possible. Customers are however permitted to instruct their preferred solicitor if they choose to.

“We will work to ensure that the phrasing on our terms and conditions is clear on this point so that customers are best advised.”

Bellway, one of the largest builders in the country, said on its Help to Buy page: “All offers must be used in conjunction with the recommended mortgage broker who will provide independent advice.”

Bellway confirmed this meant customers were restricted to four mortgage brokers who specialise in Help to Buy. A spokesman added: “The mortgage advisers that I referred to are all independent and governed by the FCA, and we are working within the HCA guidelines.”

While Redrow did not forbid applicants from using their own brokers outright, it stressed: “It is highly advised, for a swift, smooth transaction, that an IFA/Solicitor advised by Redrow Homes is used.”

A Redrow spokesman said using a preferred professional had added benefits for the customer: “This is because these professionals are familiar with our developments from a legal and technical point of view and they will have worked a number of times on a particular development.

“In addition the professionals that we use have a lot of experience in dealing with house builders and would also be familiar with the complexities and processes of schemes such as ‘Help to Buy’.

“Of course, as has been pointed out, the customer does not have to use such a preferred professional and is free to use someone of their choice. This is reiterated when the customer reserves as part of the sales process.”

An HCA spokesman said: “We will be reminding our partners that anyone wishing to access home ownership through Help to Buy should be free to use solicitors and/or mortgage advisers of their own choosing.”