Conveyancing Guide

Step 01

Initial Stages

Once you have told us that you wish to use our services we will send you conformation of Terms and Business. You should sign and return this as soon as possible so that they can start work. Funds will be requested to cover initial expenditure such as the cost of the searches. We will also require original passports/photo driving licence and a utility bill to check your ID.

We will write to the seller’s solicitors to confirm that they are instructed and request the draft contract. This should arrive with a pack that includes information on the property’s title and the standard forms completed by the seller. If the property is leasehold a copy of the lease will also be included.

Many people buy houses in joint names and, as such, need to be aware of an important decision to be made in relation to joint ownership. There are two ways that you can jointly own a property:

• Joint tenants – this is where both parties have an equal interest in the property and if one of you dies the survivor automatically owns the property.
• Tenants in common – you each own a specific share of the property and can lease that share by Will, in the event of you death.

Before you commit to buying the property we will ask you your wishes regarding shared ownership.

You need to let us know from the outset if you are also selling a property and need the transactions to be tied together.

You should give your estate agent our details so that they can send “Memorandum of Sale” to all the relevant parties together with a copy of the property particulars.

Step 02

Legal Work prior to contacting to buy

We will examine the draft contract documents and if necessary raise enquiries with the seller’s solicitors. You will be required to go through the standard forms that the seller has completed and let us know if everything is as you expect.

If the property that you are buying is leasehold your solicitor will send a standard Managing Agents Questionnaire to the seller’s solicitors which will in turn be sent on to relevant Landlord/Managing Agents/ Residential Association.

Many people buy houses in joint names and, as such, need to be aware of an important decision to be made in relation to joint ownership. There are two ways that you can jointly own a property:

Step 03

Your mortgage

If you are taking out a mortgage your solicitor will receive a copy of the order and go through the conditions.We will normally undertake legal work on behalf of your lender as well.

Step 05

Exchange of contracts

Before exchange of contracts can take place your lender (if you have one) will require you to have a Buildings Insurance policy in place.

All the parties involved need to agree on a completions date.

From the point at which contracts are exchanged you are legally bound to buy and the seller is legally bound to sell. Should either party back out the other will be entitled to claim compensation for losses arising.

From the point at which contracts are exchanged we will send your deposit to the seller’s solicitor. This acts as security for the seller in case you change your mind or for some reason are unable to pay the balance and complete the purchase. If that happens, the seller can keep your deposit, and may take you to court if the deposit is not enough compensation for breaking the contract. In the same way, if the seller exchanges contracts, then refuses to complete the sale, you could apply to the court for an order to force the seller to complete, or else get your deposit back and sue the seller for compensation. It is rare for a sale not to complete once contracts have been exchanged.

Step 06

Between Exchange and Completion.

We will draw up the transfer deed so that the property can be registered in your name as soon as possible after completion. We will also carry out some further searches for a technical nature.

During this period we will send you a statement showing all your expenses and giving you a final figure which you will need to make sure is cleared into our bank account before completion. If you are taking out a mortgage your solicitor will draw down the loan amount in time for completion.