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Conveyancing
                             Free information guide


when buying a house                               FIRST ATTRACT A BUYER




                                                            FIND A HOUSE


Access Legal from Shoosmiths will...         You need to...                               Mortgage Lender will...
Contact the Seller’s Conveyancer to obtain   Provide suitable evidence of identity and    Carry out a valuation
and check                                    residence to satisfy regulations             of the property
yy   Property title
                                             Arrange a survey (See Q&A Section)
yy   Proposed Sale Contract	
Undertake appropriate searches               Arrange buildings insurance                  Check that you are eligible
                                             Arrange life cover                           for the mortgage
Check search results
                                             Raise any neighbouring planning concerns
                                             with the Council
Receive mortgage instructions from your      Ensure that all the necessary papers are     Send Access Legal from Shoosmiths the
lender                                       signed and returned to mortgage lender       mortgage offer and instruct them to check:
                                                                                          yy title deeds of the property
Raise issues arising from papers             Investigate removal companies
                                                                                          yy the proposed contract with
with sellers conveyancer
                                                                                              the seller
Prepare all documentation for your           Read all reports that we send to             yy Conveyancing Searches
signature and report to you with             you, raise any concerns with us and return   yy Mortgage Offer conditions to
documents to sign                            documentation signed                             be satisfied

Check your signed documents and              Pay your deposit to Access Legal
settle deposit                               from Shoosmiths
Negotiate exchange and completion dates
and associated issues
Exchange contracts                           Put buildings insurance and life             Receive request for mortgage funds from
Pay deposit to                               cover on risk (see Q&A section)              Access Legal from Shoosmiths
seller’s conveyancer
                                             Confirm removal company booking              Mortgage funds paid to Access Legal from
                                                                                          Shoosmiths in advance of completion
Conduct final Searches                       Book utilities connections
Request mortgage funds from                  Agree arrangements for hand over of keys
your lender                                  with agents

                                             Notify change of address to Council,
                                             banks, building societies, credit card
                                             companies, insurance companies, DVLA,
                                             doctors, dentists, post office etc
Pay purchase monies to                       Collect keys                                 COMPLETION
seller’s conveyancer
                                             MOVE IN
Receive deeds and documents from
seller’s conveyancer
Pay any Stamp Duty Land Tax                  Settle in to your new home
Register your ownership
with the Land Registry
Deal with storage of deeds
Questions, Questions
   Here are some of the most commonly asked questions
   How long will it all take once a sale                  contracts are dated and “exchanged” between the        Can I transfer an existing secured
   is agreed?                                             conveyancers. At this point the contract becomes       loan to my new property?
   No two transactions are the same. It is possible       binding which means there is no turning back. At       All secured loans outstanding on a property (e.g.
   for new build transactions, with no chain, to be       the same time the date for “completion” is usually     a business overdraft facility, Legal Aid Charge or
   effected in four weeks. Straightforward transactions   agreed. Completion is the date on which the            personal loan) must be paid off out of the sale
   typically take 8 weeks to reach exchange of            keys and deeds are handed over in return for the       proceeds unless the lender concerned agrees to
   contracts but this will depend on the length of        purchase money and the buyer can move in.              secure the loan on your new property. This may
   the chain of transactions, the personalities of the                                                           take some time for the lender to organise, and if
   parties and their need to secure mortgage finance.     What is a Local Authority search?                      you want to do this you should contact the lender
                                                          This is an investigation to find out any important     for consent as quickly as possible. When the
   Don’t make any financial commitments for moving        information affecting the property, which may          lender gives their approval, they will send written
   until contracts have been safely exchanged and a       be on the Council’s records. For instance, it may      confirmation to us.
   definite completion date agreed.                       reveal that an extension on the property has been
                                                          in breach of Building Regulations or the nearest       When are the estate agents
   Should I have a survey done?                           road is not maintained by the Council. It will not     and conveyancers paid?
   If anything is found to be wrong with the              give any information about proposals affecting         If you are selling, the Estate Agents will send their
   property after exchange of contracts the seller        neighbouring property and if you have concerns in      invoice to us after exchange of contracts and we
   is not liable and the buyer will have to pay for any   this respect, contact the Local Authority Planning     will settle the amount on completion from your




                                                                                                                                                                         All documents should be read and used in accordance with our terms and conditions which can be viewed at www.access-legal.co.uk. This document is for your general information only and is not a detailed
                                                                                                                                                                         statement of the law. It is provided to you free of charge and should not be used as a substitute for specific legal advice. If you require specific legal advice please contact our helpline on 03700 86 86 86.
   necessary repairs.                                     Officer for advice.                                    proceeds of the sale.


   If you are arranging a mortgage, a valuer will         Why is a written mortgage offer                        Prior to completion we will require you to provide
   inspect the property on behalf of the lender.          so important?                                          sufficient funds to settle our fees, expenses and
   It is not advisable to rely upon the valuation         Before we commit you to buying the property            Stamp Duty Land Tax liability.
   report alone because it does not consider the          (by exchanging contracts) we need written
   condition of the property in detail and offers         confirmation that your lender will provide the funds   Why does completion have to take place
   you limited protection.                                you require. There are often many conditions in        on a working day?
                                                          the mortgage offer that need to be satisfied before    Purchase monies are transferred between
   It is often possible, for an extra fee, to arrange     funds are released. You need to be happy with the      conveyancers electronically. At present, banks only
   for the same valuer to carry out a more detailed       product you are being offered, and to be able to       transfer money electronically on a working day
   inspection called a “Home Survey and Valuation         take advice on it prior to legal commitment.           and, therefore, completion cannot take place at the
   Report” or even a full building survey, if the                                                                weekend or on a Bank Holiday.
   property is very old or needs extensive repairs        What should I do about life cover?
   or alterations.                                        We recommend that you arrange sufficient life          How do I sort out the keys?
                                                          cover for your mortgage liabilities to protect your    Unless special arrangements are made, the
   Is a deposit necessary?                                dependants. The type of cover will depend upon         keys are handed over on the completion day in
   When contracts are exchanged, a deposit is             the mortgage you take out so you will need to          exchange for the purchase monies (the seller
   paid to the seller’s conveyancer.                      liaise with your financial adviser and lender. Life    having previously handed them to the Estate
                                                          cover must go on risk from exchange of contracts       Agent). It frequently happens that this is not
   The seller’s conveyancer will often ask for at least   and some lenders will insist on the policies being     convenient and the seller will hand them direct
   5% of the price. Please contact us if you have         assigned or deposited with them.                       to the buyer. It is important that you find out and
   agreed a lesser deposit. Where your purchase is                                                               agree the arrangements for the keys.
   dependant on a sale, we will endeavor to use your      What do I do about building insurance?
   buyer’s deposit on your related purchase.              A second hand property should be insured by
   If the buyer fails to complete the purchase on         the buyer from exchange of contracts. A brand
   time, the seller can keep the deposit as part-         new property should be insured from completion.
   compensation and retain the balance of up to 10%       Houses should be insured not necessarily for the
   (although this is more complex with chains).           price paid but for the estimated cost of rebuilding.
                                                          Sometimes this is different to the actual market
   What does “Exchange” &                                 value. You should be able to arrange buildings
   “Completion” mean?                                     insurance through your mortgage
   Two identical contracts are drawn up, one to be        adviser or your lender. Otherwise you
   signed by the seller and the other to be signed by     will need to make your own arrangements
   the buyer. When both sides are ready to commit         as quickly as possible.
   themselves to sell and to buy, the two signed




                                    contactus                                        For more details please contact us on:
                                                                                     T 03700 86 86 86 W www.access-legal.co.uk

Conveyancing Employment law Legal disputes Medical negligence Motoring law Personal injury Small business advice Wills, family & wealth

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Conveyancing - When Buying A House

  • 1. Conveyancing Free information guide when buying a house FIRST ATTRACT A BUYER FIND A HOUSE Access Legal from Shoosmiths will... You need to... Mortgage Lender will... Contact the Seller’s Conveyancer to obtain Provide suitable evidence of identity and Carry out a valuation and check residence to satisfy regulations of the property yy Property title Arrange a survey (See Q&A Section) yy Proposed Sale Contract Undertake appropriate searches Arrange buildings insurance Check that you are eligible Arrange life cover for the mortgage Check search results Raise any neighbouring planning concerns with the Council Receive mortgage instructions from your Ensure that all the necessary papers are Send Access Legal from Shoosmiths the lender signed and returned to mortgage lender mortgage offer and instruct them to check: yy title deeds of the property Raise issues arising from papers Investigate removal companies yy the proposed contract with with sellers conveyancer the seller Prepare all documentation for your Read all reports that we send to yy Conveyancing Searches signature and report to you with you, raise any concerns with us and return yy Mortgage Offer conditions to documents to sign documentation signed be satisfied Check your signed documents and Pay your deposit to Access Legal settle deposit from Shoosmiths Negotiate exchange and completion dates and associated issues Exchange contracts Put buildings insurance and life Receive request for mortgage funds from Pay deposit to cover on risk (see Q&A section) Access Legal from Shoosmiths seller’s conveyancer Confirm removal company booking Mortgage funds paid to Access Legal from Shoosmiths in advance of completion Conduct final Searches Book utilities connections Request mortgage funds from Agree arrangements for hand over of keys your lender with agents Notify change of address to Council, banks, building societies, credit card companies, insurance companies, DVLA, doctors, dentists, post office etc Pay purchase monies to Collect keys COMPLETION seller’s conveyancer MOVE IN Receive deeds and documents from seller’s conveyancer Pay any Stamp Duty Land Tax Settle in to your new home Register your ownership with the Land Registry Deal with storage of deeds
  • 2. Questions, Questions Here are some of the most commonly asked questions How long will it all take once a sale contracts are dated and “exchanged” between the Can I transfer an existing secured is agreed? conveyancers. At this point the contract becomes loan to my new property? No two transactions are the same. It is possible binding which means there is no turning back. At All secured loans outstanding on a property (e.g. for new build transactions, with no chain, to be the same time the date for “completion” is usually a business overdraft facility, Legal Aid Charge or effected in four weeks. Straightforward transactions agreed. Completion is the date on which the personal loan) must be paid off out of the sale typically take 8 weeks to reach exchange of keys and deeds are handed over in return for the proceeds unless the lender concerned agrees to contracts but this will depend on the length of purchase money and the buyer can move in. secure the loan on your new property. This may the chain of transactions, the personalities of the take some time for the lender to organise, and if parties and their need to secure mortgage finance. What is a Local Authority search? you want to do this you should contact the lender This is an investigation to find out any important for consent as quickly as possible. When the Don’t make any financial commitments for moving information affecting the property, which may lender gives their approval, they will send written until contracts have been safely exchanged and a be on the Council’s records. For instance, it may confirmation to us. definite completion date agreed. reveal that an extension on the property has been in breach of Building Regulations or the nearest When are the estate agents Should I have a survey done? road is not maintained by the Council. It will not and conveyancers paid? If anything is found to be wrong with the give any information about proposals affecting If you are selling, the Estate Agents will send their property after exchange of contracts the seller neighbouring property and if you have concerns in invoice to us after exchange of contracts and we is not liable and the buyer will have to pay for any this respect, contact the Local Authority Planning will settle the amount on completion from your All documents should be read and used in accordance with our terms and conditions which can be viewed at www.access-legal.co.uk. This document is for your general information only and is not a detailed statement of the law. It is provided to you free of charge and should not be used as a substitute for specific legal advice. If you require specific legal advice please contact our helpline on 03700 86 86 86. necessary repairs. Officer for advice. proceeds of the sale. If you are arranging a mortgage, a valuer will Why is a written mortgage offer Prior to completion we will require you to provide inspect the property on behalf of the lender. so important? sufficient funds to settle our fees, expenses and It is not advisable to rely upon the valuation Before we commit you to buying the property Stamp Duty Land Tax liability. report alone because it does not consider the (by exchanging contracts) we need written condition of the property in detail and offers confirmation that your lender will provide the funds Why does completion have to take place you limited protection. you require. There are often many conditions in on a working day? the mortgage offer that need to be satisfied before Purchase monies are transferred between It is often possible, for an extra fee, to arrange funds are released. You need to be happy with the conveyancers electronically. At present, banks only for the same valuer to carry out a more detailed product you are being offered, and to be able to transfer money electronically on a working day inspection called a “Home Survey and Valuation take advice on it prior to legal commitment. and, therefore, completion cannot take place at the Report” or even a full building survey, if the weekend or on a Bank Holiday. property is very old or needs extensive repairs What should I do about life cover? or alterations. We recommend that you arrange sufficient life How do I sort out the keys? cover for your mortgage liabilities to protect your Unless special arrangements are made, the Is a deposit necessary? dependants. The type of cover will depend upon keys are handed over on the completion day in When contracts are exchanged, a deposit is the mortgage you take out so you will need to exchange for the purchase monies (the seller paid to the seller’s conveyancer. liaise with your financial adviser and lender. Life having previously handed them to the Estate cover must go on risk from exchange of contracts Agent). It frequently happens that this is not The seller’s conveyancer will often ask for at least and some lenders will insist on the policies being convenient and the seller will hand them direct 5% of the price. Please contact us if you have assigned or deposited with them. to the buyer. It is important that you find out and agreed a lesser deposit. Where your purchase is agree the arrangements for the keys. dependant on a sale, we will endeavor to use your What do I do about building insurance? buyer’s deposit on your related purchase. A second hand property should be insured by If the buyer fails to complete the purchase on the buyer from exchange of contracts. A brand time, the seller can keep the deposit as part- new property should be insured from completion. compensation and retain the balance of up to 10% Houses should be insured not necessarily for the (although this is more complex with chains). price paid but for the estimated cost of rebuilding. Sometimes this is different to the actual market What does “Exchange” & value. You should be able to arrange buildings “Completion” mean? insurance through your mortgage Two identical contracts are drawn up, one to be adviser or your lender. Otherwise you signed by the seller and the other to be signed by will need to make your own arrangements the buyer. When both sides are ready to commit as quickly as possible. themselves to sell and to buy, the two signed contactus For more details please contact us on: T 03700 86 86 86 W www.access-legal.co.uk Conveyancing Employment law Legal disputes Medical negligence Motoring law Personal injury Small business advice Wills, family & wealth