| OUTLINE
OF THE PROPERTY SALE PROCESS
Selling 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 identification
documents. They will ask you to send any relevant documents
relating to the property that you may have in your possession.
Your
Solicitors Initial steps
They will order the required legal documents from The Land
Registry They will draft the paperwork to sell your property
(known as a sale contract). They will then forward all the
documents in their possession to the buyer’s solicitor
(known as a pre-contract package)
Your
buyers Initial steps
Your buyer will organise their finance and if they require
a mortgage they would organise a Survey on your property.
A Buyer’s Survey can be completed even if they do not
require a mortgage; but if they do require a mortgage their
lender will insist this survey is carried out.
Your
buyer’s Solicitors Initial steps
The buyer’s solicitor will look through the pre-contract
documents and raise any legal questions they have in relation
to them with your solicitor. The buyer’s solicitor will
order the necessary searches
And
next ... Heres where
the core parts will be dealt with.
Your solicitor will deal with any legal problems or queries
as they are raised but may require your assistance in answering
some of the questions. In some circumstances this part may
take weeks to be dealt with. Your buyer will hopefully have
their mortgage offer issued and have all the money they need
to purchase the property ready. The buyer will then sign the
contract documents (and other relevant documents) and forward
the deposit monies to the buyer’s solicitor. You will
be asked to sign your contract documents and return them to
your solicitor.
Now
its time to make it legally binding …(known as exchange
of contracts)
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). Once the completion
date is known your solicitor will order a redemption statement
from your mortgage lender so that they know the amount of
your loan to be repaid upon completion. Once they know this
amount they can send you a financial statement showing the
amount of money you will receive upon completion.
Moving
time.. (known as completion).
Completion is the date when you transfer the property to the
buyer. Your solicitor will receive the money from your sale
and pay off any mortgage you may have on the property and
any other loans or relevant parties, such as your estate agent
You must not hand your keys over until your solicitor tells
you money has exchanged hands. Upon completion the buyer owns
the property. The buyer’s solicitor will register them
as the new owner at the official Land Registry for England
and Wales. Once they are registered as the new owner the official
records will be changed to show their ownership.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 stressfull
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 may 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!!
Unfortunatley
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) Ask your estate agent to check your buyer has the money
to buy your property and has a mortgage in place
2) Ask your buyer to pay for their searches upfront (ie before
your survey is done) to speed matters up.
3) 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
4) 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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