When you are looking to sell, or purchase a home, you will need someone to take care of the legalities of the house move. This is referred to as the conveyancing process.
So what do we mean by Conveyancing?
The process of conveyancing involves legally transferring the ownership of a home from the current owners to the new buyers, and is a process taken care of by a solicitor or conveyancer. Both the seller and the purchaser will appoint their own solicitor to take care of their side of the transaction.
You will need to have your solicitor or conveyancer in place as soon as you reach the point of either making or receiving an offer on a property, therefore the earlier in the process you instruct a conveyancer the better prepared you are.
For sellers, having solicitors in place early means the solicitor has more time to prepare the documents that you need to complete, including pre-contract enquiries, that provide the solicitor with extra information about the property being sold. By receiving these forms early, the seller is also providing themselves with plenty of opportunity to gather any information they may require to complete the forms.
Ryder & Dutton have relationships with local conveyancing firms that will work on A No Completion, No Legal Fee Guarantee, meaning you can instruct your conveyancer early without having to worry about a hefty legal bill if your transaction does not proceed to completion, as no legal costs will be charged (this excludes fixed disbursements and the cost of additional work which may, by agreement, be charged).
We use local solicitors you can trust with many years experience in dealing with conveyancing who will do all they can to ensure your transaction proceeds as quickly and smoothly as possible.
As soon as a price has been agreed for a property and both parties have instructed solicitors, draft contracts can be issued. These are drawn up by the seller’s solicitor and sent to the purchasers solicitor.
The purchasers solicitor can raise something known as enquiries which are standard questions about the property. These enquiries are often answered by the pre-contact enquiries form that the seller completed at the outset of the transaction, however the buyer may wish to raise additional enquiries in relation to matters not dealt with in the standard enquiries.
The purchasers solicitor will also check the properties ‘title register’ and ‘title plan’ at the Land Registry – these are the legal documents proving the seller’s ownership. Your solicitor will deal with the Land Registry, to register the ownership of land or property into the new purchaser’s name.
The purchasers solicitor will undertake searches. Searches are a method of checking matters that may affect the property and include a Local Authority Search which covers items such as planning applications and building regulations. It is worth remembering that the Local Search covers the property, not the surrounding area. Other searches include a coal mining search, Water authority search and Environmental search. There are other searches that you can obtain and your solicitor will advise you what searches they feel you require, as this may vary between areas and properties.
Your solicitor will provide any legal advice that may be required in connection to the sale or purchase of a property.
Solicitors are unable to finalise the sale until the contracts, enquiries, additional enquiries, fixtures and fittings lists and arrangements for the purchasers to pay their deposit have all been satisfactorily completed. Once this has all been done, dates can be agreed between all parties to exchange and complete.
Once you have exchanged contracts you will be in a legally binding contract to buy the property with a fixed date for moving.