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.
Below are brief details of the process on a purchase and what we do…
Before we Exchange of Contracts and make a commitment with the seller to buy the property we:
1. Check the terms of the Contract and the title to the property to ensure these are in order.
2. Carry out a Local Authority Search, Drainage Search, if applicable a Mining Search, and other necessary searches to check on various matters including planning, road status and proposals, sewer positioning, mine shafts and mining claims any outstanding notices.
3. Raise enquiries with the Seller’s Lawyer with regarding various aspects of the property, including fixtures and fittings, building works, guarantees etc.
4. Check that the Mortgage Offer is in order.
5. Agree with the Seller’s Lawyer a completion date which suits all parties.
6. Advise of any relevant matters and obtain signature to the Contract in readiness for exchange of Contracts.
We can then Exchange Contracts with the Sellers Lawyer over the telephone. A fixed date for legal completion is agreed at that time.
After Exchange of Contracts we:
1. Carry out all final searches and prepare the documents for completion.
2. Report to the mortgage lender on the title to the property and request release of the mortgage advance in time for legal completion.
3. Obtain any further monies required to enable legal completion to take place.
On the Completion Day we:
1. Arrange for the balance purchase monies to be paid to the Seller’s Lawyers as early as possible.
2. Advise that the keys are available to the Buyer.
Once the Transaction has completed we:
1. Pay any Stamp Duty due.
2. Register the ownership with the Land Registry and once registered provide confirmation of the registration.