Selling a property

GUIDE TO SELLING YOUR HOME

The conveyancing process starts after an offer has been made and accepted for a property. The estate agent will prepare a sales memorandum confirming details of the sale and provide details for the buyer, seller and their respective solicitors.

Most straightforward conveyancing transactions will then follow five main stages detailed below:-

1. PRE EXCHANGE

Both the seller and buyer will instruct their respective solicitors. The buyer will put his solicitor in funds for searches and arrange mortgage finance and survey. The seller will complete standard property information forms and a fittings and contents list setting out the items which are included as part of the sale. The seller’s solicitor will prepare a contract package to included these completed forms and send the contract package to the buyer’s solicitor. The buyer’s solicitor will then raise enquiries and submit necessary searches.

Once the mortgage offer has been issued the buyer will receive a copy of the offer and the mortgage company will send a copy to the buyer’s solicitor. The buyer’s solicitor will check the mortgage offer and deal with any special conditions contained in the offer.

Once the buyer’s solicitor has received replies to all enquiries from the seller’s solicitors, all search results and a satisfactory mortgage offer he will report to the buyer and arrange for the buyer to sign the contract and mortgage deed and request a deposit of ten percent of the purchase price.

The seller’s solicitor will at the same time, arrange for the contract to be signed by the seller.

2. EXCHANGE

When the buyer’s solicitor is holding a contract signed by the buyer, the ten percent deposit in cleared funds and a signed mortgage deed and the date for completion is agreed, he will be able to effect an exchange of contracts. The seller’s solicitor and buyer’s solicitor exchange contracts and fix the date for completion over the telephone and the buyer’s solicitor will send the contract to the seller’s solicitor with the a solicitor’s client account cheque for the ten percent deposit and the seller’s solicitor will send the contract signed by the seller to the buyer’s solicitor.

3. PRE COMPLETION

The buyer’s solicitor will request the mortgage advance from the  mortgage company to arrive either on the day of completion or the working day before completion. The buyer’s solicitor will also send a breakdown to the buyer setting out the full balance payable before completion. This figure will included solicitor’s costs, stamp duty and land registration fees.

The seller’s solicitor will obtain a redemption statement for the seller’s existing mortgage which must be redeemed on completion. The seller’s solicitor will also send a breakdown to the seller setting out the net proceeds of the sale due to the seller on completion. The mortgage redemption, solicitors costs and estate agents commission invoice will be reflected in this breakdown and paid buy the seller’s solicitor on completion.

The buyer’s solicitor will carry out pre completion searches and prepare a transfer deed to be signed by the seller which is used to register the transfer of the property at the Land Registry. If approved, the seller’s solicitor will forward the transfer deed to the seller which must be signed and witnessed and returned to the seller’s solicitor on or before completion.

4. COMPLETION

When the buyer’s solicitor has received the mortgage advance and buyer’s balance of funds, the buyer’s solicitor will send the payment to the seller’s solicitor. When the seller’s solicitor receives the funds he will call the buyer’s solicitor to confirm completion and call the estate agent to confirm that the keys can be released to the buyer. He will then redeem the seller’s existing mortgage (if any).

5. POST COMPLETION

The buyer’s solicitor pay the stamp duty for the property to Revenue and Customs and arrange registration of the purchase at the Land Registry. Once registration has been completed the buyer’s solicitor will send any documents required to the mortgage company and send all other documents to the buyer for safekeeping.

If you are selling and need solicitors, contact us via this site or via our main website.

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