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Conveyancing Process Explained

Buying a house can be a mixed experience. It is normal to feel nervous, worried, excited and scared all at once. The process is long and may be difficult for you to handle or understand. This is where the conveyancer comes in. The conveyancer handles the legal aspects of the transaction for and makes everything much easier for you to tackle. They negotiate with the other party and advise you on all the options. With a conveyancer, the entire experience of buying a house becomes much more enjoyable. Here is the entire process of buying a house explained so you understand what will happen, every step of the way.

Initial Stage: This starts after you tell a conveyancer that you wish to use their services. After this you will receive a Letter of Engagement or Confirmation of Terms of Business. Once you sign it, they will be able to start to work for you. You will be asked for funds to cover those initial costs they may incur. Your solicitor will write to the seller’s solicitor to confirm that they are instructed and request the draft contract. This should arrive with information on the property’s title and the standard forms completed by the seller. If the property is leasehold, a copy of the lease will also be included. Moreover, you should inform your estate agent which solicitor you plan to use so that they can send a “Memorandum of Sale” to all the relevant parties together with a copy of the property particulars.

Legal work: The solicitor will go over the draft contract documents and if necessary raise enquiries and make changes with the seller’s solicitor. You will be required to go through the standard forms that the seller has completed and let the solicitor know if everything is correct. If you are taking out a mortgage he will receive a copy of the offer and go through the conditions. Your solicitor will normally undertake legal work on behalf of your lender as well.

Exchange of contracts: Once you exchange the contracts, you and the other party must decide on a completion date. The point at which contracts are exchanged is when you are legally bound to buy and the seller is legally bound to sell. If either party backs out the other will be entitled to claim compensation for losses arising. When the contracts are exchanged your solicitor will send your deposit to the seller’s solicitor. This acts as security for the seller in case you change your mind or for some reason are unable to pay the balance and complete the purchase.

Before completion: Your solicitor will draw up the deed to register the home in your name. A few more technical searches also need to be carried out at this time. You should receive a statement from your solicitor showing all your expenses and giving you a final figure which you must make sure is cleared into your solicitor’s account before completion.

On completion: Completion takes place when the seller’s solicitor confirms that they have received all the money that is due. Once this has happened the seller should drop the keys off to the estate agent for you to collect. Your solicitor will arrange for the title deeds to be registered in your name. If the house is leasehold he will also make sure that your name is entered on to the lease. Furthermore, they will get the transfer stamped to officially approve the sale. Lastly, if you have taken out a mortgage, the deeds are sent to your lender until you sell the house or pay off the loan.

As you can see, the process isn’t as complex as it seems. Your solicitor will do most of the hard work and make the sale seem very simple. Choose a conveyancer you understands what you want and is someone you can trust. This will ensure that buying your new house will be a much easier, enjoyable affair.

Posted by on 05/12/2015 in Conveyancing process

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