| OUTLINE
OF THE PROPERTY PURCHASE PROCESS
Buying your house – whats usually involved? We hope
the information below is of help and we look forward to working
with you.
Your
Initial steps
Well
usually your solicitor will send you initial letters and forms
for you to complete, sign and return to them along with your
identification documents. You should have or will need to
organise your finance to buy the property. Any finance you
are using will need to pass the strict money laundering checks
that are in place. You will need to show where your funds
are coming from and doing this now will save you a lot of
time later.
If
you require a mortgage you would organise a Survey on the
property. Your selected mortgage provider will help you with
this. A Survey can be completed even if you do not require
a mortgage. A survey can be a basic survey or a more detailed
one. As prices for homes are so high you may consider paying
for a more detailed survey so you know the condition of the
property you are buying.
Your
Solicitors Initial steps
They will request the required legal
documents from the seller’s solicitor.
If you wish they can order the necessary searches now (this
will speed maters up)
Upon receipt they will look through the title documents and
raise any legal questions in relation to them.
They may at this stage also draft further paperwork to speed
matters up.
Your
sellers Initial steps
Their solicitor will send them initial
letters and forms for them to complete, sign and return to
them along with identification documents.
They will send any relevant documents relating to the property
that they may have in their possession.
Your
Sellers Solicitors Initial steps
They will order the required legal documents
from The Land Registry They will draft the paperwork to sell
the property (known as a sale contract). They will then forward
all the documents in their possession to your solicitor (known
as a pre-contract package)
And
next ... Your survey is back ...
If you need help to understand it you
should ask your solicitor (who may need a copy from you)
Once you receive the Survey results and you are happy with
them you should forward the search fee to your solicitor (if
not already ordered).
Whats
the deal with the searches?
Your solicitor instructs various searches
on your behalf. The searches can only be done once they receive
a cheque from you (generally this is the only money required
from you in advance). Please note the search results generally
take at least one to two weeks to arrive
Mortgage
Offer
A Survey usually activates your mortgage
offer being issued. If your survey results are approved a
copy of your mortgage offer will be sent to you and your solicitor
from you mortgage lender. Please note your solicitors copy
of the mortgage offer is different to your copy since it contains
additional legal documents. Generally, your solicitor would
not be able to accept a fax copy of the offer; they must receive
a hard copy through the post. Once your mortgage offer is
received you should receive a financial statement showing
how much money you will have to send to your solicitor before
you can complete. It’s time to make sure your deposit
is ready.
Advising
you.
Once your solicitor receives the search
results and mortgage offer they can write a report for you
based on your property. You will receive a copy of all the
legal documents and search results along with an explanation
of the contents of such documents. Included in the report
would be various documents for you to sign and return which
you should do immediately.
Now
its time to make it legally binding …(known as exchange
of contracts)
Once your solicitor has received suitable
replies to all the enquiries, your signed documents and your
deposit monies, you are ready to exchange. All parties will
then try to negotiate a date to make the process legally binding
(known as exchange of contracts) and a date for moving (known
as completion).
Moving time.. (known as completion).
Completion is the date when you own
the property.
Your solicitor will send the money to your sellers solicitor.
You WILL NOT receive the keys until the sellers solicitor
has received your money.
Unfortunately
the banking system in this country can cause delays in the
transfer of money so be prepared to wait for your keys.
You
have moved in.. what is your solicitor doing?
Upon completion you own the property
and your solicitor will :-
1) pay any stamp duty required
2) register you as the new owner at the Land Registry. Once
you are registered as the new owner the official records will
be changed to show your ownership. The registration process
can often take several months to finalize after the completion
date.
3) Send you a copy of the up to date ownership of your property.
This would then be the end of the process for you …
hurray
Problems
They say moving home is stressful because
unfortunately the fact is that there are lots of difficult
and time consuming issues that arise. People are unpredictable
and can be scared of the whole conveyancing process. You may
be ready to complete but the rest of the chain may not be
at the same stage. In this situation solicitors can only chase
the matter to a certain extent since the speed of other parties
in the chain is out of their control. People generally have
a timescale on which they are working. Some wish to push things
along quickly whilst others take their time. Pushing things
too hard will be stressful and in most cases unrealistic.
Big
problems…
Your own solicitor will handle many
of the big problems for you with your support. Conveyancing
is a labour intensive process. Your solicitor has a lot of
different things to do and parties to chase to help your transaction
reach the end. Many solicitors will as a result struggle to
keep you updated and unfortunately you may see this as inadequate
service. If your solicitor is not updating you as regularly
as you want it could be that they are trying to work on your
file and move it along. Please be aware that if you create
excessive work, phone calls or emails these can be counter
productive to the running of your file. Do not lose patience
with them, as they will have no choice but to contact you
to move the process along. Remember they are usually only
paid by you when you have finished your transaction so they
do have an interest in moving things along!!
Unfortunately
the banking system in this country can cause delays in the
transfer of money on completion day so be prepared to wait!!
The
Biggest Problem …
In this country until exchange of contracts
has taken place any person in the chain can withdraw from
the process and you have no rights against them!! (Unfair
to say the least)
Solutions..or
at least some helpful hints
1) Paying for your searches upfront
(ie before your survey is done) will speed matters up.
2) Try to chase the transaction through your estate agents
who can phone other people in the chain to see where they
are upto and push the whole thing along without disturbing
your solicitor
3) Get your money in place as soon as possible
4) Make sure you can deal with the Money laundering check
immediately
5) Chase your survey and mortgage offer until they are received
by your solicitor
6) Return any documents from your solicitor straightway
Finally,
the Legal
Discount Company
are here to help you. If you have any question just contact
us.
We hope the information above is of help and we look forward
to working with you.
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