June 17, 2024

FAQs for Conveyancing

This post was written by: Riya Sekhon

  • What is residential conveyancing?
    • Conveyancing is the legal process of transferring ownership of a residential property from one party to another. This includes handling the legal paperwork, conducting necessary searches, and ensuring the transaction is completed legally and smoothly.
  • Do I need a solicitor for residential conveyancing?
    • While it’s possible to handle conveyancing yourself, it’s recommended to use a solicitor or licensed conveyancer due to the complexities and legal requirements involved in the process.
  • What are the main steps in the home buying process?
    • The main steps include making an offer, conducting property searches, arranging a survey, exchanging contracts, completing the purchase, and registering the property with the Land Registry.
  • What searches are conducted during the conveyancing process?
    • Common searches include local authority searches, environmental searches, water and drainage searches, and chancel repair liability searches. These searches help identify any potential issues with the property.
  • What is an exchange of contracts?
    • The exchange of contracts is when both the buyer and seller sign and swap the contracts, making the sale legally binding. At this point, the buyer usually pays a deposit.
  • What happens on completion day?
    • On completion day, the remaining purchase money is transferred to the seller’s solicitor, the keys are handed over to the buyer, and the buyer can move into the property. The property ownership is officially transferred.
  • What documents do I need to sell my home?
    • Key documents include the title deed, property information form, fittings and contents form, Energy Performance Certificate (EPC), and any relevant warranties or guarantees.
  • How long does it take to sell a house?
    • The time it takes to sell a house can vary, but on average, the process takes around 12-16 weeks from receipt of draft contract pack to completion.
  • What are my responsibilities as a seller?
    • As a seller, you are responsible for providing accurate information about the property, including any known issues, and ensuring all paperwork is completed accurately and timely.
  • What are the typical costs involved in residential conveyancing?
    • Typical costs include solicitor’s fees, search fees, Land Registry fees, and Stamp Duty Land Tax (for buyers). The exact costs can vary depending on the property’s value and location.
  • What is Stamp Duty Land Tax (SDLT)?
    • SDLT is a tax paid by the buyer on properties over a certain price threshold. The amount varies based on the property price and whether the buyer is a first-time buyer, buying a second home, or purchasing a buy-to-let property.
  • What is a title deed?
    • A title deed is a legal document that proves ownership of a property. It includes details of the property’s boundaries, any rights of way, and any restrictions or obligations.
  • What is a property chain?
    • A property chain is a sequence of linked property transactions, where each sale is dependent on the preceding and succeeding transactions. Delays in any part of the chain can affect the entire process.
  • What happens if a problem is found during the property survey?
    • If a problem is found during the survey, the buyer can negotiate with the seller to fix the issue, reduce the purchase price, or in some cases, withdraw from the sale.
  • What is a mortgage offer?
    • A mortgage offer is a formal document from a lender confirming that they agree to lend a specified amount to the buyer under certain conditions.
  • Can I change my mortgage provider during the conveyancing process?
    • While it is possible to change mortgage providers, it can cause delays and complications. It’s best to finalise your mortgage arrangements before starting the conveyancing process.
  • What happens after completion?
    • After completion, the buyer’s solicitor will register the new ownership with the Land Registry, pay any Stamp Duty Land Tax (SDLT) due, and ensure all legal documents are properly filed.
  • How do I handle any disputes after the sale is completed?
    • If disputes arise after the sale is completed, it’s important to consult with your solicitor to understand your rights and options. Many disputes can be resolved through negotiation or legal action if necessary.