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Steps in a Transaction
Conveyancing is the process
by which the legal ownership of property is transferred
from one owner to another. The conveyancing process,
if properly carried out, ensures that the buyer
actually owns all the property, land and rights
that have been paid for.
To help you understand the procedures
involved in buying or selling a property, this
page guides you through the process step by step.
If there are any words / phrases you don't understand,
click the jargon buster button at the top of the
screen for a definition.
BUYING
- We will advise you on the
information contained in any Home Information
Pack.
-
First, we obtain the Contract Papers from the
Sellers Solicitors. These should include Property
Information Forms and evidence of the seller's
ownership
- We raise questions not dealt
with on the Property Information Forms or issues
you have asked us to investigate. We check legal
ownership and the rights and obligations that
go with the property. At this stage you should
arrange a survey of the property and your lender
will arrange a valuation
- We make Local Authority,
Water Authority, Environmental and other searches
as necessary unless these have been included
in a Home Information Pack
- If you are getting a mortgage,
by now you should have received your mortgage
offer. Usually the lender will ask us to work
for them as well to safeguard the money they
are lending. They may have further requirements
that we need to check before exchange of contracts
- We may need to negotiate
the amount of the Deposit payable and finalise
the wording of the Contract
- Assuming the replies to all
enquires, and the results of all searches, have
been received we advise you fully on the Contract,
the legal aspects of the purchase, any conditions
on your Mortgage and the terms of any earlier
Deeds
- Exchange of Contracts. This
is often done by telephone. The deposit is paid
to the seller's solicitors; the completion date
is fixed. Now you can confirm your removal arrangements
- We prepare the Transfer and
mortgage and get you to sign these. We arrange
for the money to be released by the lender.
You pay us any additional money due
- On Completion, we pay the
remainder of the purchase money to the seller's
solicitors and get the keys released. You can
move in
- We file your Stamp Duty Land
Tax Return and pay any Tax on the transaction
and Register your Title at the Land Registry
- If you are having a Mortgage,
we send the evidence of ownership to the Lender
as security while the loan exists but otherwise
we will look after relevant documents for you
without charge
SELLING
- Even before you have negotiated
a sale, we should obtain the Title Deeds and
get you to complete Property Information Forms
and Fixtures, Fittings and Contents Forms. We
will then prepare a full information pack and,
where appropriate, commission a Home Information
Pack
- Once the sale is negotiated
things can really move
- We prepare the Contract
and supporting papers and send these to the
Buyer's solicitors
- We may have to deal with
additional enquiries raised by the Buyers. We
may need your help with these
- We have to satisfy the Buyers
solicitors that you really own the property
- When the wording of the
contract is agreed, you can sign. Now we are
ready to exchange contracts but we may have
to wait until others in the chain (if there
is one) are also ready
- When everyone is ready we
exchange contracts; the buyer pays a deposit
and you can confirm your removal arrangements
- There will be further documents
for you to sign transferring ownership to the
buyer
- On completion, we receive
the balance of money and deal with the repayment
of your Mortgage and payment of your Estate
Agents fees. You have to move out
- We send you any balance
of money due and send the Title Deeds to the
Buyers solicitors
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