Jones Robinson Conveyancing take the mystery out of the conveyancing process and make the legal side of your move stress free.
The following reasons are why you can be sure that you are in safe hands;
- Fixed fees and no sale / no fee – no surprises and no legal fees if the sale or purchase does not proceed
- We start the legal work from day one – whether you are selling or buying, starting the legal work early will ensure that you can move on quickly and without stress
- Working well together – your conveyancer and your estate agent work closely together for your benefit
- No need to visit the office – you can use email, SMS, post or phone to contact us at a time that suits you
- You can track your transaction – with our unique online system you have total transparency
Conveyancing – The Process Explained
Jones Robinson Conveyancing takes the mystery out of the conveyancing process and makes the legal side of your move stress free.
- A solicitor or conveyancer usually conducts the conveyancing process and this involves legally transferring home ownership from the seller to the buyer. Sometimes this process can be smooth and very quick; but sometimes it can be very frustrating and protracted. It starts when your offer on a property is accepted and finishes when you receive the keys. Understanding that it involves will help ensure there are fewer surprises along the way. In the first instance you will need to refer any questions about your purchase or sale to your lender or conveyancer as we have no authority in this regard, but we will always be on hand to help and advise you.
- Instructing your conveyancer – Once you have instructed your conveyancer to go ahead they will draw up terms of engagement with you, setting out their charges and deposits required.
- A memorandum of sale will be issued by the estate agent and your conveyancer will write to your seller’s solicitor to confirm they are instructed and request a copy of the draft contract and any other details, such as the property’s title and the standard forms.
- Your conveyancer will examine the draft contract and supporting documents and raise enquiries with the seller’s conveyancer. You will be expected to go through the forms the seller has completed and let the conveyancer know if you have any queries or concerns.
- Property searches. There are things you may not know about the property just from viewing it with the estate agent or from a survey. The conveyancer will do a set of legal searches to ensure there are no other factors you should be aware of. Some searches will be recommended by the conveyancer for all purchases and others will be required by the mortgage lender to protect them from any liabilities that the property may have:
• Local authority searches: are there plans for a motorway in your new garden?
• Checking the ‘title register’ and ‘title plan’ at the Land Registry– these are the legal documents proving the seller’s ownership.
• Water authority searches – find out how you get your water and if any public drains on the property might affect extensions or building works.
• Chancel repair search – to ensure there are no potential leftover medieval liabilities on the property to help pay for church repairs. The laws around Chancel repair changed in October 2013 so now the onus is on the Church to establish and lodge liability with the Land Registry
• Environmental Search – this report is used on the vast majority of transactions and is provided by either Landmark or Groundsure. Depending which product your solicitor usually uses, the report will give information about contaminated land at or around the property, landfill sites, former and current industry, detailed flooding predictions, radon gas hazard, ground stability issues, and some other related information.
• Optional and location specific searches – sometimes extra searches are required or recommended depending on the location or type of property or due to particular concerns raised by the buyer. These could include:
• Additional Local Authority Questions such as Public Paths, Pipelines, Noise Abatement Zones, Common Land, etc.
- If you are taking out a mortgage you will need to get this in place. This will include ensuring you have the financing available for a mortgage deposit. Your conveyancer will receive a copy of the offer and go through the conditions. You will need to get a mortgage valuation. This is carried out on behalf of the mortgage company so they know that the property provides sufficient security for the loan.
- You may want to have any other necessary surveys done. Whether you have a survey done and what sort of survey you choose will depend on your specific circumstances.
- Before exchange of contracts can take place your lender will require you to get buildings insurance for your new home. You are responsible for the property as soon as contracts have been exchanged so it is in your interests to do so.
- Since receiving the draft contract from the seller’s conveyancer, your conveyancer will have been in correspondence with you about what is covered. Before exchange of contracts your conveyancer will need to ensure:
• That all enquiries have been returned and are satisfactory
• That fixtures and fittings included in the purchase are what you expected
• A completion date has been agreed between the two parties, which is usually 1-4 weeks after exchange of contracts, though this can vary widely
• That you have made arrangements to transfer the deposit into your conveyancer’s account so that it is cleared in time for an exchange, the deposit is normally between 5% -10% of the value of the property
- Your conveyancer will exchange contracts for you. This is usually done by both conveyancers reading out the contracts over the phone (which is recorded) to make sure the contracts are identical, and then immediately sending them to one another.
- If you are in a chain your conveyancer will do the same thing, but will only release it if the other people in the chain are all happy to go ahead. This means if one person pulls out or delays, then everyone in the chain gets held up.
- Once you have exchanged contracts you will be in a legally binding contract to buy the property with normally a fixed date for moving. Exceptions to this may be if you are purchasing a new home and the builder has offered a completion ‘on notice’.
- You should get organised for your moving day. The conveyancer will send you a statement showing the final figure to pay, which will need to be cleared into your conveyancer’s bank account at least one day before completion.
- Completion is normally set around midday on the specified date although in practice takes place when the seller’s conveyancer confirms that they have received all the money that is due. Once this happens the seller should drop the keys at Jones Robinson and we will call you to arrange collection. You can then move in!
We wish you the very best for the future in your new home!