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The conveyancing transaction begins with the sellers solicitor obtaining
the title deeds and then preparing a draft contract. The contract
deals with the details of the transaction including matters such
as the price of the property, a full description of the property
and matters which are relevant to the property of which the buyer
must be aware. The contract is sent by the seller's solicitor to
the buyers solicitor along with office copy entries, which are copies
of the seller's title documents. At this point the sellers solicitor
will also ask the seller to complete a property information form
and a fixtures fittings and contents form. The first of these forms
deals with such things as the ownership of boundaries, the availability
of mains services and whether or not any alterations have been carried
out to the property during the sellers period of ownership. The
latter form sets out those items which are included in the sale.
Once completed these forms are sent by the sellers solicitor to
the buyers solicitor.
After receiving the contract and any supporting documentation, the
buyer's solicitor will forward an application for a local authority
search to the local authority within whose area the property lies.
In addition, the buyer's solicitor will, dependent upon the locality
of the property, forward a request for a mining search or any other
search or enquiry relevant to the property's location.
Where a buyer is buying a property then in all likelihood he will
have requested that a survey be carried out. Once the survey report
has been received the buyer will then be able to discuss any matters
raised with the lawyer. When the result of the searches, the property
information form, fixtures fittings and contents form and the buyer's
mortgage if any have been received then the buyer's solicitor will
discuss with the buyer and the seller via his solicitor a mutually
convenient date for completion of the transaction.
When a convenient date for completion has been agreed and the contracts
have been signed by the buyer and the seller then the contract signed
by the buyer will be exchanged with the contract signed by the seller.
At the time of exchange of contracts a deposit (normally 10% of
the purchase price) will be paid by the buyer to the seller. Once
exchange of contracts has taken place then both the buyer and the
seller are bound by the terms of the contract and the deposit is
non-refundable.
After exchange of contracts, the buyer's solicitor will request
from the relevant lender, if any, the mortgage monies and any balance
including solicitors charges and stamp duty which are required to
complete the purchase from the buyer. In addition, the buyer's solicitor
will raise a number of requisitions on title which are enquiries
which will enable the buyer's solicitor to complete the transaction
and provide the purchase monies on the agreed completion date.
Before the completion date the buyer's solicitor will also prepare
the transfer deed which is the document which when signed by the
seller passes ownership of the property to the buyer. Once prepared,
the transfer deed is sent by the buyer's solicitor to the seller's
solicitor in readiness for completion.
On the completion date the buyer's solicitor will provide to the
seller's solicitor the balance of the purchase price. Upon receiving
the purchase monies the seller's solicitor will provide to the buyers
solicitor the transfer deed which has been signed by the seller,
along with the title deeds to the property. If the seller also had
a mortgage then the seller's solicitor will provide a written undertaking
to repay that mortgage.
After completion the buyer's solicitor will forward the transfer
deed, the title deeds and any mortgage to the Land Registry along
with the relevant registration fee in order that the change of ownership
can be recorded by the Land Registry, who will then send to the
buyers solicitor the duly amended title documents.
Upon receipt of the title documents from the Land Registry the buyer's
solicitor will forward them to the Building Society or Bank which
has provided the mortgage for retention by them until the mortgage
is repaid. Where there is no mortgage the buyer's solicitor will
provide them to the buyer or, if requested to do so, will retain
them for safe-keeping until required by the buyer.
Set out in the table below are the charges made by the firm for
a sale or purchase of residential property. The charges shown do
not include the further items set out below the table of charges.
These further items may or may not apply to your particular transaction.
Some guidance is provided in the text.
Where there is both a sale and a purchase, the relevant charge is
the total of the two individual transaction charges. A free fully
itemised quotation can be provided by completing the quotation
request form.
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