Our first step will be to submit searches to various authorities so that we can determine important factors that may affect your purchase and ultimately, your ownership. Some searches are required for all types of residential property (Local search, drainage search and environmental search) and some are area specific (for example coal mining searches in the West Midlands and tin mining in Devon and Cornwall). You will be required to pay for searches before they are undertaken.
The Draft Contract and Supporting documentation
Upon receipt of the memorandum of sale from the selling agent we will ask the seller’s solicitor for a draft contract and other relevant documentation, including the seller’s property information form and fixtures and fittings form. Once we are in receipt of the draft contract papers we will raise any pre contract enquiries we deem necessary, some of which will be relevant to the legal title to the property and some that will arise from the seller’s replies to the property information form. A copy of the property information form and fixtures and fittings form will be sent to you at this stage
All home buyers should have a professional survey of their property undertaken before they exchange contracts and are committed to buying. A surveyor is the only person who can provide purchasers with detailed information on the condition of their prospective new home and highlight any areas that require attention.
If you are taking a mortgage with a bank or building society they will usually undertake their own valuation to ensure the property is adequate for lending purposes. This is for the bank’s purposes only and cannot be relied upon by you as the buyer. It is your decision whether you undertake an independent survey yourself and in some instances it may be advisable (i.e. older properties).
A survey gives buyers the chance to re-negotiate the purchase price to account for any works that may need doing as a result of issues identified in the surveyor’s report. Usual consumer rights to quality and fitness for purpose do NOT apply to house or flat purchases under English law, the seller generally has no obligation to the buyer to warrant or guarantee that the home complies with planning and building regulations.
Reporting to you
Once we have considered the documents supplied by the Seller’s Lawyer, dealt with all issues arising from pre contract enquiries, received satisfactory search results and are in receipt of your mortgage offer, we will provide you with a report for the property and advise you at that stage if there are any issues.
When all matters have been satisfactorily dealt with, you will need to sign the contract, at which stage you will be asked to provide a deposit. This is usually 10% of the purchase price, but it is often possible to use the deposit received from your Buyer if you are selling a property at the same time. It may only be necessary in such cases to ‘top-up’ the deposit if you are purchasing for a higher sum.
We will usually arrange for you to attend our offices to sign your contract papers and to discuss any final issues relating to the property.
At the time contracts are exchanged you will need to have decided on a date you want to move on which will be agreed with your Seller and also your Buyer if appropriate.
When contracts are exchanged you are then legally bound to purchase the property. If you change your mind after exchange of contracts you will at the very least lose your deposit and be liable for any financial loss incurred by the Seller.
Before the completion date we will need to obtain funds for the purchase from either yourself, a linked sale and/or your lender which will be transferred to the Seller’s Lawyers on completion.
After completion we will pay the stamp duty on the property, register your ownership and any mortgage with the Land Registry and either forward the Deeds to you or your mortgage provider.
The sale or purchase of a leasehold property can be complex because of the level of detail that leases need to contain. Most apartments will be leasehold because there will be communal needs that affect all properties, such as the maintenance of roofing, landscaping, balconies and also shared areas such as hallways and stairwells. As leases can vary hugely from building to building, it’s vital that you employ a lawyer who is experienced in dealing with leasehold properties and can explain the implications of specific clauses to you. A clear understanding of what is and isn’t permitted under the terms of the lease can help determine whether buying or selling a leasehold property is in your best interests and whether it satisfies your individual requirements. At Go Convey, we regularly handle leasehold transactions and bring a wealth of knowledge and understanding to the process, ensuring your case stays on track and runs smoothly.