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Residential Conveyancing Explained - What do Residential Conveyancers do?
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The residential conveyancing process can seem quite complicated, so we've prepared a quick quide to explain what happens at each stage of your conveyancing matter. We've also included a quick conveyancing quote form to the right, so if you're looking for a free, no-obligation conveyancing quote, just fill out the form.
Residential Conveyancing: Sale
Your residential conveyancing specialist will:
- Once you are satisfied that the residential conveyancing
quote information we have provided you with is satisfactory and you have also
instructed us to carry out your conveyancing, you will be assigned to a specialist
residential property solicitor or residential conveyancer
who will look after your affairs. If required, we can arrange for an Energy
Performance Certificate and obtain a personal
local authority search along with an official
drainage search. These are all completed online to make things faster.
You will then be asked to complete a Seller's
Property Information form and a Fixtures
& Fittings list. If the property is leasehold,
there will be an additional form for you to complete. If you provide us with
your email address, we can send online versions of the forms to you in order
to help speed up the conveyancing service.
- The draft
contract will be prepared and sent to the buyer's solicitors
(again online where possible), who will then either suggest amendments
to the contract or approve it. He may also carry out various additional
searches
and raise any enquiries about the property. With your help, we
will answer any additional enquiries the buyer may have.
- Once everyone is ready, the contract is signed. We can then
proceed to exchange
of contracts. At this stage the sale becomes legally
binding. The buyer's solicitors will then send a draft transfer
deed to us so that the property can be conveyed to
the buyer on completion of the house sale.
- We will approve the transfer deed and ask you to sign it. We
will also request any mortgage
repayment figure and prepare the final
accounts.
- On the completion
date we will receive the balance of the sale price,
in return for which we will hand over the title
deeds to the buyer's solicitors which nowadays simply
consists of the signed transfer deed.
- We will arrange for any existing mortgage to be repaid out of the sale proceeds, collect our legal fees, pay any estate agents (where appropriate) and refund any surplus monies to you. If you are buying another property, any surplus funds will be transferred to your purchase. This completes the conveyancing service – until the next time, when we hope you will return to us!
Residential Conveyancing: Purchase
Your residential conveyancing specialist will:
- Once you are satisfied that the residential conveyancing
quote we have provided you with is satisfactory and you have also instructed
us to carry out your conveyancing, you will be assigned to a specialist residential
property solicitor or residential conveyancer who will look after
your affairs. We will then request the pre-contract
package from the seller's solicitor. Following receipt of this,
we will suggest amendments to the contract or approve it, check the legal
title to the property and raise any enquiries
Please note that if you are obtaining a mortgage, your lender may require
us to carry out some additional
searches (at your expense). We will apply for these online (where appropriate)
in order to make the conveyancing service faster.
- Once your mortgage
offer is available from your lender, we will take note
of any special
instructions from them. These could relate to a number
of issues, for example, the lender may wish to retain advance
monies for work required to the property. Please note that a copy
of the mortgage offer will be sent to you at the same time as
us.
- Once we are satisfied with everything we will prepare a legal
report on the property you are buying and send it to
you.
- You will then be asked to sign the contract,
mortgage
deed and stamp
duty land transaction return. You will also be asked
to provide a deposit,
typically 10% of the purchase price of the property. More often
than not, this is the time when you should put in place any buildings
insurance as the risk will pass to you. We can then exchange
contracts with the seller's solicitor. The purchase
is now legally binding.
- Once contracts have been exchanged we can prepare the final
accounts and request the mortgage
advance (where applicable).
- Final
searches are then made against the property and you.
- On the completion
date, we will hand over the balance of the funds and
receive in return the title
deeds which nowadays will be the transfer deed from
the seller's solicitors.
- If applicable, stamp
duty is paid and return submitted online and we will
arrange to register the transfer at the Land
Registry. Once the title is registered
we will arrange for the information to be sent to your lender.
Title deeds are no longer issued as records are now maintained
online at the Land Registry's computer! This completes the conveyancing
service – until you move again, when we hope you will return
to us!
Residential Conveyancing: Remortgage
Your residential conveyancing specialist will:
- Once you are satisfied that the fixed fee remortgage quote information we
have provided you with is satisfactory and you have also instructed us, you
will be assigned to a specialist residential property solicitor or residential
conveyancer who will look after your affairs. We will request official
copies of your title online from Land Registry and also request a repayment
figure to find out how much is still owed on your existing mortgage.
- We will arrange for your mortgage
offer and title
documentation to be checked once it is received from
your lender.
- In some cases it may be necessary to carry out searches against
the property (this depends upon the lender). At the very least
we will need to put in place indemnity
insurance to protect the lender and you.
- We will forward the mortgage
deed to you for signature and then agree a completion
date with you.
- Once the documentation is returned to us together with any balance
payable (if applicable) we can arrange the completion.
- On the completion
date we will receive the
mortgage advance and we will repay any existing loans
secured on the property.
- We will arrange to register the new mortgage at the Land Registry. Once the title is registered we will send the information to your lender. This completes the conveyancing service – until you decide to switch your lender again, when we hope you will return to us!