Starting
Off
Once
terms of a sale have been agreed,
the Seller's solicitors will
obtain the Property's ownership
documents and prepare the Contract
and package of papers to send
to the Buyer's solicitors.
Early on the Buyer's solicitors
apply to the Local Authority
for a Search. This will reveal
if there are any matters that
may affect the Property such
as road building proposals or
planning restrictions.
Enquiries
Enquiries about the Property
are raised of the Seller and
the Seller's solicitors to reveal
if there are any matters such
as neighbour disputes or financial
obligations that affect the
Property's ownership. An inventory
of what fixtures or fittings
are included in the purchase
price is also obtained.
The buyer's solicitors will
examine the title to the Property
to check that there are no onerous
or adverse conditions. They
will also check any restrictive
covenants preventing the owner
from certain actions, and any
rights affecting Property. Where
the property you are buying
is a leasehold flat, it will
be necessary to review full
details of the service charges
for the maintenance and management
of the building.
Exchanging
Contracts
Once the title of the Property
has been checked and the terms
of the Contract agreed, we report
on the terms and conditions
of the purchase. The buyer's
mortgage offer will need to
have been received before Contracts
can be exchanged.
If
there is a chain of properties
that are dependent on each other,
all parties in the chain must
agree on a completion date.
When everybody is ready to proceed
Contracts will be exchanged
simultaneously. It is common
for a 10% deposit to be paid
at exchange of Contracts. Often,
a lower deposit can be negotiated.
Completing
the Deal
Between exchange and completion,
Land Registry final searches
are carried out to prevent any
adverse registrations being
made. During this period, the
final Transfer document is prepared
for the Seller to sign. Any
mortgage documents need to be
signed prior to completion.
On the day of completion, the
balance of the purchase price
is paid to the Sellers Solicitors
and the keys of the property
can be collected.
After completion, the buyer's
solicitors attend to the registration
of title at H M Land Registry.
Once this is concluded, the
original documents are sent
to the Buyer or their Mortgage
Lender.