Stages of Conveyancing

Conveyancing Process for Selling a Property

Stage 1

Contact one of our experienced Conveyancers for a fixed fee low cost quote. Call us or email.

Stage 2

If you would like us to act for you we will need to confirm your instructions and:

Send out Terms of Business for signature and return.

Request Proof of Identity and Proof of address from all clients together with proof of the property address if the property being sold is not the residential address of all sellers.

Request a payment on account to cover disbursements.

Send out the Property Information Form, Fixtures and Fittings Form and Leasehold Information Form if appropriate for completion and return together with any title deeds or other relevant documents such as planning documents, building regulation certificates and guarantees, management company information.

Stage 3

On receipt of agent’s memorandum of Sale we will write to buyer’s solicitors to confirm contracts will be sent shortly.

Stage 4

On receipt of your Instructions we will:

  • Obtain title deeds from deeds holder or if the title is registered then obtain official copies of the title register and any other documents from HM Land Registry.
  • Obtain details of the amount outstanding on any existing mortgage or charge.
  • On receipt of the Title deeds we will prepare the draft contract and supporting contract documentation so it is ready to be sent to the buyer’s Conveyancer.
  • If the property is leasehold we will normally request that the Landlord/Management Company answers standard enquiries.
  • We will confirm to you and the agents when the contracts have been sent.

Stage 5

Buyer’s Conveyancer will check the contract and title and will put in hand searches.

Initial enquiries may be raised at this stage if there are any immediate enquiries from the papers sent although the search results may be awaited before enquiries are raised.

Stage 6

On receipt of the search results the buyer’s solicitors will raise any necessary and further pre contract enquiries with us. We will answer the enquiries that we can deal with and which are of a legal nature or relate to the title. The remainder will be sent to you to answer. We may also ask the Local Authority, Management Company or other relevant persons to deal with enquiries as is appropriate and depending on their nature.

Stage 7

On receipt of your replies we will consider the replies and provide suitable replies to the buyer’s solicitors.

Stage 8

Buyer’s Conveyancer will consider those replies and raise any further enquiries which they feel require further clarification. These may need to be sent back to you to provide further information if we can not deal with them.

Stage 9

Buyer’s Conveyancer drafts a transfer deed and sends to us together with Requisitions on Title.

Dates for completion can be discussed and agreed in principle. You will need to ensure you have given yourself enough time to make any practical arrangements to vacate the property by midday on the day of completion. If you require professional removals you will need to ensure the removal company have sufficient capacity on that date. If selling and buying you will need to be ready to exchange on the related purchase and all other parties in that chain will also need to be ready and agree that date.

Stage 10

We will check the Transfer Deed and arrange for you and all other sellers (and Occupiers) to sign the Contract and for all sellers to sign the Transfer Deed. 

Stage 11

Once in receipt of signed documents and providing we have a valid mortgage redemption statement and your instructions to proceed we can exchange contracts with the buyers solicitors by telephone thereby committing you and buyer to the contract to sale and purchase the property on the completion date that has been agreed. Practical arrangements for vacating the property can now be made and booked.

Stage 12

We will need to supply replies to Requisitions together with an undertaking to redeem any mortgages if there are any and to send the buyers solicitor the signed Transfer Deed on receipt of funds. Arrangements for completion and transfer of funds are also confirmed. 

Stage 13

On completion the buyer’s solicitor will send us the purchase monies as per the contract. You will need to vacate the property at a time which has been agreed in the contract (normally between 12-2pm) and make arrangements to hand over the keys, usually through the estate agent.

Once we have received the proceeds of sale and you have vacated the estate agents can release the keys to the buyer.

Stage 14

We will send the title deeds and transfer deed to the buyer’s Conveyancer. We will then pay the estate agent on behalf of you and repay the amount owing to the existing mortgage. We will also take our fee at this stage.

Conveyancing Process for Buying a Property

Stage 1

Contact one of our experienced Conveyancers for a fixed fee low cost quote. Call us or email.

Stage 2

If you would like us to act for you we will need to confirm your instructions and:

Send out Terms of Business for signature and return,

Request Proof of Identity and Proof of address from all buyers as well as for those who will be providing monies towards the purchase.

Proof of how funds towards purchase are being sourced.

Request a payment on account to cover disbursements to include searches.

Stage 3

On receipt of agent’s memorandum of Sale we will write to seller’s solicitors to request the contract and supporting documents.

Stage 4

On receipt of formal Instructions from you and receipt of the contract pack we will:

Undertake an initial check of the contract pack, order searches and raise any initial enquiries.

Report to you providing them with the initial information which normally includes a copy of the title plan for their initial inspection and survey, property information form and fixtures and fittings form and all associated paperwork.

We will confirm to you and the agents that contracts have been received and searches ordered.

Stage 5

On receipt of the search results we will report to you and we will raise any necessary and further pre contract enquiries with the seller’s solicitors. In doing so we will raise any enquiries from:

  • Contract
  • Title deeds
  • Property information forms and associated documents
  • Search Results
  • Survey (if provided to us)
  • Lender’s Valuation
  • Mortgage offer or it’s special conditions.

Stage 6

On receipt of the mortgage offer a report will be sent to you and all special conditions will be considered alongside the valuation (if provided) to ensure we can meet with the lender’s requirements.  A report may need to be made to the lender at this stage.

Stage 7

On receipt of the seller’s solicitor’s replies we will consider the replies and report to you. We may also have to report to the lender at this stage. Further enquiries may need to be raised with the seller’s solicitors if there is still outstanding information or missing paperwork.

Stage 8

On receipt of final and satisfactory replies a final report will be made to you reporting on the outstanding information received from the sellers as well as the Title and Contract.

Stage 9

We will draft a transfer deed and send to the Seller’s Conveyancer together with Requisitions on Title.

Dates for completion can be discussed and agreed in principle. Sufficient consideration will need to be given to the timescales required to make any practical arrangements for you to actually move and also the timescales required by the lender to set up and transfer funds. Most lender require at least 5 working days otherwise they cannot guarantee the provision of mortgage monies on the completion day. Mortgage monies also need to be ordered for the day before completion. If you require professional removals they will need to ensure the removal company have sufficient capacity on that date. If selling and buying you will need to be ready to exchange on the related sale and all other parties in that chain will also need to be ready and agree that date.

Stage 10

We will arrange for you to sign the Contract and Transfer Deed and for you (and your Occupiers) to sign the Mortgage Deed. 

Stage 11

Once in receipt of signed documents and a 10% deposit (if needed) and providing we have a valid mortgage offer with confirmation from the lender that monies will be released in time then we can take your instructions to proceed to exchange. We will exchange contracts with the sellers solicitors by telephone thereby committing the seller and you to the contract to sale and purchase the property on the completion date that has been agreed. Practical arrangements for moving into the property can now be made and booked.

Stage 12

The balance completion monies will need to be sent to us by you in good time for completion. The sellers solicitors will supply replies to Requisitions together with an undertaking to redeem any mortgages if there are any and to send to us the signed Transfer Deed on receipt of funds. Arrangements for completion and transfer of funds are also confirmed. 

Stage 13

Money will be received from you and the lender at least 1 working day before completion.

Stage 14

On completion we will send the purchase monies as per the contract. The seller must vacate the property at a time which has been agreed in the contract (normally between 12-2pm) and make arrangements to hand over the keys, usually through the estate agent.

Once the proceeds of sale have been received by the sellers solicitors and the sellers have vacated the property then the estate agents will release the keys to you.

Stage 15

We will be sent the title deeds and transfer deed by the seller’s Solicitor. We will complete the Stamp Duty Land Tax Form at HMRC on your behalf and we will pay over their Stamp Duty tax.

Stage 16

We will then proceed to Register the Transfer at HM Land Registry.

Stage 17

Once the registration is complete we will check the title and inform you and the lender.

 

 

For further information or to speak to one of our experts, please contact us.