Conveyancing
How long will my sale/purchase take?
An average transaction takes about 8-10 weeks from start to finish. There are a number of different factors to consider which could potentially affect the length of your transaction. For example:
The length of the chain
The complexity of the title of each property involved in the chain
The financial position of each link in the chain. For example, who requires a mortgage and who are cash buyers?
What is the process?
Key stages for a Residential Property Sale
Receipt of instructions from you along with your completed Forms & ID
Download and review of Deeds
Preparation of Contract Pack
Request a Redemption Statement for information purposes (if there is a mortgage involved)
Receipt and review of enquiries (received from buyer’s solicitors)
Letter to yourselves with enquiries we require your assistance with
Letter to yourselves with Contract and Transfer Deed (if approved)
Review of your replies
Letter to the other side with replies
Liaise with the chain and yourselves regarding a completion date
Exchange contracts and set the completion date (this makes the transaction and completion date legally binding)
Request a redemption statement calculated up to the completion date (if there is a mortgage involved.)
Complete - This is the date the property legally transfers to the buyer.
Redeem your mortgage (if there is a mortgage involved.)
Please note the above is just to provide you with an idea. There may be other steps involved depending on your circumstances.
Key stages for a Residential Property Purchase
Receipt of instructions from you along with your completed Forms, ID and search fees
Receipt of the contract pack from the other side
Searches are conducted
We will review all the paperwork held on file once all search results have been returned to us. This usually includes the following:
Draft Contract
Official copies of all relevant Deeds
Property Information Form and Fixtures and Fittings List
Leasehold Information Form and Management Company pack (if property is Leasehold.)
All Search results
Any Survey Reports which have been forwarded to the client
Mortgage offer (if required)
A full report on the property will be issued to you. All of the documents which require your signature should be sent to you at this stage. (If available)
Enquiries are raised with the other side
Replies to enquiries are received and reviewed
Letter to you with feedback
Additional queries are raised
Replies to additional queries are received
Letter to you with feedback
Report to you on details of any mortgage offer
Liaise with the chain and yourselves regarding a suitable completion date
Request the deposit from the client
Exchange contracts and set the completion date (this makes the transaction and completion date legally binding)
Request mortgage funds (if required) and obtain remaining balance from client (if required.)
Conduct official searches (OS1 and bankruptcy if necessary)
Complete- This is the date the property legally transfers to you.
Please note the above is just to provide you with an idea. There may be other steps involved depending on your circumstances.
What is the difference between exchange and completion?
Exchange sets a completion date for you. Once exchanged, the agreed date will become legally binding for all parties involved. This will not happen without your authority.
Completion is the day that legal ownership is transferred and keys are exchanged.
When can I book removals?
We cannot advise you to book anything until you are in a position to exchange. This is because nothing is certain until exchange of contracts takes place.
Do I need to attend the office to exchange or complete?
No but we will need you to be contactable.
What is a simultaneous exchange and completion?
This is when you exchange contracts and complete on the same day.
What time does completion take place?
There is no specific time but most completions normally take place by late morning.
It is dependent on where you are in the chain. For example, if you are a first time buyer you will be the bottom of the chain and therefore the first to complete.
How much will my Stamp Duty be?
Please refer to https://www.tax.service.gov.uk/calculate-stamp-duty-land-tax/#/intro or https://gov.wales/land-transaction-tax-calculator for the latest government guidance in England and Wales.
Where do I collect the keys from on completion?
The keys should be available from the Estate Agents. If you bought privately, i.e. without the assistance of an estate agent, you will need to liaise with the vendor directly.
Please note keys will only be released once the vendor’s solicitors have received cleared funds on the day of completion. As soon as we have been informed that keys are available we will contact you to let you know.
Can I have access to the property before completion to decorate?
Access to the property between exchange and completion is at the discretion of the seller. If access is agreed, you will be asked to sign a key undertaking. This is a document which states the terms of the agreement. For example, you might be asked to return the keys each night to the Estate Agents.
Wills
When is the correct time to update my Will?
We appreciate that it is not always possible to keep your Will as up to date as you would like. There are, however, a number of different circumstances in which amendments to your Will are necessary.
These are as follows:
Your financial circumstances have changed. (For example, you have inherited some money or you have decided to retire.)
You have recently moved in with your partner, got married or decided to divorce
You now have children
You have recently purchased a property
Powers of Attorney
How does an Enduring Power of Attorney differ from a Lasting Power of Attorney?
Although they are similar in nature you can no longer make an Enduring Power of Attorney (EPA). They have been replaced by Lasting Powers of Attorney (LPA).
It is important to note that a signed EPA which is dated prior to October 2007 can still be valid.