Downloadable Guides
To open these files you will need Adobe Reader or similar installed on your machine. This is freely available to download.
A Guide to Buying and Selling PDF, 70k]
This guide will help you follow the process involved in buying and selling property.
The Conveyancing Process PDF, 60k]
A flowchart illustrating the whole conveyancing process.
Frequently Asked Questions
Here are some of the most frequently asked questions about conveyancing and property buying and selling in general:
Your office is not local to me so I cannot call in. Will this be a problem?
No. We send information through the post or email and contact you by telephone. Whilst we are always pleased to see you, it is not necessary for you to call into our offices.
Do I need to call in to sign documents?
No. We send them to you through the post with the instructions and you can return them in a reply paid envelope provided.
Will you need proof of my identity for security reasons?
Yes. This can be done through the post without you having to visit us.
Why can the local search fee vary?
The fee can vary because different Local Authorities charge different amounts, so it depends on which Authority the property is situated in. The charge is usually around £100.
Do you charge extra for leasehold property transactions?
Yes. We charge an additional fee of £58.75 for the extra work involved in the sale or purchase of a leasehold property.
Do you charge extra for the purchase of a ‘new build’ property?
Yes. We charge an additional fee of £58.75 for the extra work involved in raising complex enquiries on new properties
If you are buying a property in an area where coal mining took place or continues to be mined, then a search is required to be carried out for mortgage purposes.
How will I be paid money due to me following completion?
We usually send you a cheque. We cannot make cash payments but we can transfer directly to your U.K bank or building society account for a charge of £35.25.
What if there are payments due from me?
Before completion we need to have all cleared funds to cover all costs and disbursements of the transaction. We will let you know as soon as possible how much is required.
If I am paying cash for the property, instead of my money having to pass through your client account, can I pay the seller’s solicitor direct to save time?
No, we need to have total control over the amount, timing and conditions upon which funds are released to protect your interests. This is our duty as your solicitor. Your mortgage Company if any will insist that it is handled in this way.
Is it possible to have a third party e.g. parent or other relation, to oversee my transactions on my behalf?
This is allowed, although, we will not discuss your affairs with any person you nominate until you have formally authorised us in writing to do so. Also we may incur extra charges because of duplication of work and would have to pass these on. You will be informed of any additional charges before they occur.
Is it possible for someone else, such as my employer, to pay my legal fees?
Yes, although we cannot send them the bill for payment directly as we are dealing with yourself. You would have to recover the fees from them. We are, however, happy to send them a copy of the bill.
If I have paid off my mortgage does the Telegraphic Transfer Fee still need to be paid?
No, but in some cases a charge can still arise. It occurs where you may have to pay a deeds release administration charge to your lender.
Do some mortgage companies require that the mortgage paperwork is signed in front of a solicitor?
Only a small number, and if yours is one of those, and it is not possible for you to call into our office, then you could go to a local solicitors who will charge you a small fee of around £25.
Can I pay by Credit or Debit card?
Not at the moment, but we are considering this form of payment for the future.
No, we cannot make or accept payments in cash. Payments must be made by cheque, Bankers Draft, or electronic transfer from a Bank or Building Society account in your name.
How long will you store my conveyancing file for?
Your paper based file will be destroyed as soon as reasonably necessary, however any original important documents will be returned to you or in the case of Deeds stored in our secure Deeds room if this is your request.
We will then store your file in an Electronic Format for a period of six years.
Is it possible for someone such as a relative or my company to send you money on my behalf?
No. Due to money laundering regulations we cannot accept money from third parties in any circumstances. If we do receive payment from a third party on your behalf, we will have to return it even if it delays completion. Please ensure that payments are sent from your own account. If you are taking a mortgage please note that we are obliged to report payments made to us by third parties on your behalf to the mortgage company and supply the full facts after obtaining (direct from the provider of the funds) the reason for them sending the money instead of you. This is likely to cause delays and could result in the mortgage company refusing to lend you the money. If we have to do this, there may be additional charges made to you.
What do you mean by ‘exchange of Contracts’ and ‘completion’?
There are two parts to the legal process for residential conveyancing – work done up to “exchange of contracts” and between this and “completion”. Sellers and buyers are given, by their Solicitors, identical contracts to sign. These contracts are dated and exchanged between the two party’s Solicitors, when they are ready to commit to the sale and purchase. It is at this point that the contract becomes binding. Also, as the exchange takes place, the date for “completion” is agreed. Completion is the date when the keys and deeds are handed over in return for the purchase money and the buyer can move in to their new home.
Do I need to have a survey done?
If you have a mortgage, your lender will arrange for a valuation report on the property, which is not a detailed report. However, you can, for an extra fee, ask your lender to arrange for a more detailed inspection called a “Home Buyers Report and Survey” or even a full structural survey. This is particularly recommended if the property is very old and needs extensive repairs or alterations. This will give you greater peace of mind because if you discover any defects after exchanging contracts, the sellers can not be liable.
For more information please visit www.homeinformationpacks.gov.uk.
What is a Local Authority Search?
This is a standard form of enquiries made with the Local Authority to find out information which may affect the property. The Search will disclose, amongst other things, whether there are any relevant Planning Permissions or Improvement Grants and whether any road fronting the property is maintained at the cost of the Highway Authority or is privately maintained. It may also discover, for example, that extensions to the property are in breach of planning regulations.
How do I check about fixtures and fittings?
You need to know what items in the property are included or excluded in the sale price, otherwise some things you assumed to be included could be removed such as light fittings and even the bulbs! The seller will be asked to complete a list, but it is best, if possible to meet with the seller, to discuss this in detail.
When contracts are exchanged, a deposit is paid over to the seller’s conveyancing Solicitor. If you fail to complete the purchase on time, the seller can keep this deposit, as part compensation. You should contact us immediately for advice if this money will not be available.
Why do I need a written mortgage offer?
It is important that we have written confirmation that your lender is willing to provide you with the money to buy the property before we exchange contracts and commit you to the purchase. We also need to know if there are any conditions in the offer which may affect the release of the funds, such as repair work that needs to be done in advance.
How long does the conveyancing take?
This is probably the most difficult question to answer accurately. There are so many issues that can cause delays. We know that our internal systems are designed for speed and efficiency and have recently invested in the latest technology to help with this. The major delays are caused by chains and the various speeds at which each party in the chain proceeds. Your sale or purchase will only be as fast as the slowest in the chain, regardless of how fast we work on your behalf. You have our commitment that we will work as quickly as we possibly can. The fastest transaction takes place where a buyer is paying cash and is buying an empty property. This can be completed in a matter of days. An average conveyance will take around eight to twelve weeks.
If I have an existing secured loan on my property, can it be transferred to my new property?
Usually, secured loans taken against a property must be paid off out of the sale proceeds. The lender may agree to secure the loan on your new property. You need to discuss this with your lender as soon as possible.
Do I need to take out building insurance?
The lender will require buildings insurance to be taken out. The survey report will give a figure, which must be covered by the insurance, for the cost of rebuilding the property if it were destroyed. The lender can arrange insurance for you, or you can arrange your own cover. If you already have buildings insurance, you can stay with your existing policy if it is extended, if necessary, to cover the suggested rebuild cost in the survey report.
Building insurance will only cover bricks and mortar, and not the property’s contents; which you should arrange. A basic contents insurance policy will only cover the second-hand value of any lost or damaged contents, but policies are available which provide new-for-old cover. When taking out insurance, you must be careful to insure for the full cost of replacement. If the contents are under-insured, and you make a claim, the insurance company will apply what is known as “averaging” and will only pay out a proportion of the replacement cost.
Arranging insurance for a flat needs particular care. Flats are usually owned under a long lease, and if the Landlord is responsible of insuring the building, that responsibility may not extend to the interior walls, floors and ceiling of the flat, so contents insurance will have to be appropriately extended.
When do I have to pay the estate agents, lenders and solicitors?
The Estate Agents send their invoice to us when contracts have been exchanged and we will then prepare a final completion statement for your approval. This will show all the figures involved, including the amount to be repaid for any mortgages on the completion date. We will then ask you to send us the balance required (if any), including the legal fees for the work we do for you and your lender. If there is a sale involved, these fees can be taken from the proceeds of the sale. The balance on a sale or purchase must be received by us at least a week before the completion date.
Can completion take place at the weekend?
No. Because completion takes place on the same day as the money has been paid for the property and the vacant property is available for the buyer to move in. At the moment banks can only transfer money electronically on a working day, so completion cannot take place at a weekend.
How do I get the keys to my new property?
The keys are usually handed over by the estate agent (or the seller if no agent is involved) on the completion day in exchange for the purchase money. It maybe that even if an agent is involved, seller will hand them direct to the buyer. You must, therefore establish the arrangements for the keys in advance of completion.