Initial stages
You should always try to appoint a
solicitor whilst you are still looking
for a property. This way when you
submit an offer on a property you
will be well prepared to get things
underway.
Once a purchase is agreed your estate
agent will write to your solicitor
and the seller’s solicitor to
put them in touch with each other
and make them aware of the fundamental
details of the transaction. The seller's
solicitor will send the relevant contract
and papers to your solicitor. In the
meantime your solicitor will request
a local authority search which tells
you of any local authority proposals
which may affect your property. Your
solicitor will review the search and
advise you of anything out of the
ordinary and will be responsible for
explaining the terms and conditions
of your mortgage offer to you.
Once
the contract is received from the
seller's solicitor it will be forwarded
to you for your signature.
Exchange of contracts
Once you have signed your contract and returned it to your solicitor it will then be forwarded to the seller’s solicitor. At this stage you will need to prepare yourself to make funds available to cover the purchase deposit, legal fees, stamp duty etc.
Your
solicitor will then prepare the transfer
and any mortgage deed and again forward
this to you for signature. There is
no need through any stage of the transaction
for you to visit your solicitor –
the whole process can be carried out
by post.
Your
solicitor will then carry out any
final searches (your mortgage lender
may ask for a mining search for example,
albeit unlikely in our area, as part
of the conditions of the mortgage
offer) and then prepares the final
accounts and where necessary request
any monies required from you.
Contracts
are then exchanged (usually by a telephone
call between solicitors) and this
means that both you and the seller
are bound legally and may not be able
to back out of the transaction without
financial penalty.
Completion & beyond
Prior to exchange you and the seller
will agree a date to complete the
purchase, usually via your estate
agent and the solicitors, and on that
date the balance of the monies is
transferred.
Once the transaction has completed the solicitor will now need to pay any stamp duty, register your purchase with the land registry and return the deeds to the property to your bank or building society for safe keeping. <<< Back |