We adopt a proactive approach to conveyancing, helping drive your purchase forward and ultimately helping you to move faster.
When carrying out the conveyancing work for your property purchase, we represent your interests and will gather and review all the necessary checks and searches.
Our work for the Buyer is significant. We must ensure that the seller has the legal right to sell the property, that the land itself is free from issues, and that all financing is in order. We ask the seller's legal representative any questions (known as enquiries) about the property's use and history, and carry out important property searches. We check the mortgage arrangements, as well as looking after the lender's interest where a mortgage is being taken out. There is more work and risk involved when representing a buyer. The legal principle known as 'caveat emptor' or 'buyer beware’ means that it is the responsibility of the buyer’s legal representatives to obtain all pertinent information relating to the property. Buyers must be aware that there is no obligation for the seller to disclose anything unless specifically asked, although they must not mislead prospective Buyers.
Conveyancing Process when Purchasing a Property
The following are the keys stages of the sales conveyancing process, once an offer has been accepted:
You will need to inform the Estate Agents who will be acting on your behalf. Likewise your Mortgage Company will need to be informed (either directly or via your Mortgage Broker). You should, in view of the principle of Buyer Beware, consider whether you wish to have a survey undertaken of the property and instruct such if you believe the same is necessary, the Estate Agents would be able to assist with this.
Property Information Forms (Protocol) forms are sent to you.
These are forms completed by the Seller, explaining the condition & other information about the property including what items will be left in the property when sold. These will be sent out to you as soon as they are received so that you can check you are happy with them. If you have queries in respect of fittings or contents these should be raised with the Buyer directly, or with the Estate Agents.
Searches are Undertaken and Enquiries Raised
We undertake any searches we consider necessary considering the location and type of property. The results of these searches, along with our investigation of the legal title enable us to raise questions in respect of any issues or areas of concern highlighted with the Sellers legal representative.
Terms are agreed and a date is set for completion
Once we are satisfied with the responses to any queries we can consider possible completion dates. We will discuss fully with you any requirements and ensure toagreed a completion date that work for you.
Contracts are exchanged
The Seller and Buyer become contractually bound by the terms of the contract and a completion date is set. A deposit is paid (usually 10%) which is forfeited should the Buyer choose not to proceed. The Buyer also has contractual rights should the Seller choose not to proceed. You should ensure that the property is adequately insured as at this date.
The legal work is complete and once funds are successfully transferred to the account of the Sellers legal representatives we shall be able to confirm your ability to collect the keys to your new home. This will usually be done via the Estate Agents but we will confirm. Following completion we will ensure any Stamp Duty Land Tax payable is paid and that the property is registered in your name at the Land Registry, once these tasks are complete we will send you copies of the documentation confirming such.