Once a buyer has been found by the sellers estate agent, both buyer and seller will need to instruct a solicitor to act on their behalf, ideally the seller should do this as soon as the property is put on the market, especially if the property that will be sold is leasehold. The key stages that the solicitors will go through are as follows:
- The sellers solicitor will obtain the sellers deeds from the lender (or wherever else they might be). Some solicitors are now linked to the Land Registry website, so may be able to download the necessary documents to enable a contract package to be prepared before the deeds are received.
- The sellers solicitor will produce a draft contract which incorporates a scale plan of the property. This together with standard replies to enquiries that would otherwise be raised, a fixtures and fittings list and information forms are sent to the buyers solicitor.
- On receiving the above, the buyers solicitor, will:
a) Apply for the local authority search using the plan. Some solicitors now have on-line arrangements for searches, which can be effected via a plan accessed on the Internet. This can avoid delays.
b) Send the fixtures and fittings list and sellers information form to the buyer for their verification.
c) Raise additional enquiries of the sellers solicitor, including any queries raised by the buyer.
- The buyers solicitor will later:
a) Raise further enquiries following receipt of the search results and/or survey
b) Raise further enquiries if the buyer has further queries
c) Receive a copy of the mortgage offer (where applicable) and ensure that any conditions stated within it will be adhered to.
- The sellers solicitor will ask the seller to sign the contract of sale and the buyers solicitor will ask the buyer to sign the contract, at the same time receiving the deposit (usually up to 10% of the purchase price) from the purchaser. This must be paid as cleared funds, so a bankers draft or direct transfer are preferable when timescales are tight.
- Once both buyer and seller have signed the contract, the deposit and mortgage offer are in place and all parties in the conveyancing chain have agreed the moving date in principle, the solicitors acting for the parties in the chain will exchange contracts. This process commences with the solicitor acting for the party at the bottom of the chain telephoning the solicitors acting for their seller, and undertaking to proceed with the purchase. This is then repeated throughout the chain. When all the solicitors confirm that this has been done, exchange is effected, after which point neither buyer nor seller can lawfully withdraw from the transaction.
It is important to instruct a solicitor who is able to provide the level of service that you require, and who can work speedily. This will help reduce the stress involved in the moving process. A personal recommendation is often useful.
The above is designed to assist in the understanding of the conveyancing process, however it is not an exhaustive guide and there are variations and exceptions to the above in many instances. Solicitor contacts:
Premier Property Lawyers - Click here for a conveyancing quote.
www.CarrHepburn.co.uk Contact: Jonathan Carr 01442 241466 info@CarrHepburn.co.uk