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Guide to Conveyancing
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Conveyancing is the
legal transfer of property from one owner to another. The conveyancing
process, if properly carried out, ensures that the purchaser actually
owns all the property, land and rights that have been paid for.
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Selling Your House |
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The legal process
involved in selling your house is relatively straightforward.
The steps taken normally include:
- Obtaining the deeds (from your mortgage lender
if you have one);
- Completing a Property Information Form and
a list of the Fixtures, Fittings and Contents;
- Sending out a draft contract package to the
buyer's solicitor, providing them with full details of the property;
- Answering any enquiries raised by the purchaser’s
solicitor;
- Agreeing a date when the purchase will be
completed;
- Exchanging contracts;
- Repaying any mortgage, paying the estate agents,
and sending you the rest of the proceeds (or putting them towards
the purchase of your new home).
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Buying a House |
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The purchasing of a house is more complicated because
the solicitor must ensure that the house you buy does not involve
you in any unforeseen disputes over rights of way, boundaries, fences,
restrictive covenants, road charges or other legal entanglements. |

A search is made of the local authority's records to establish whether
there are likely to be any public works affecting the property, such
as motorway schemes, and whether there are any planning restrictions.
The information provided by the local authority relates only to the
house being purchased and not to the neighbourhood in general. |
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The
next steps in a purchase are:
- A surveyor's report on the property. You should be made aware
that a building society's valuation report is not a full structural
survey and may not uncover defects in the house. It is usually
wise therefore to appoint a surveyor to prepare a full report;
- The receipt of a mortgage offer. If the purchase is being funded
by a mortgage, the lender will write to confirm the amount of
the advance;
- The exchange of contracts. After any agreed deposit (often 10%)
has been has been paid, the contract papers for the purchase of
the house are exchanged between the solicitors. Once this has
happened, the sale is legally binding. A date for the completion
of the purchase is agreed;
- The receipt of the mortgage funds. The buyer's solicitor will
be sent the monies from the bank or building society;
- Completion. The purchase price is paid over and ownership of
the house transferred to you;
- Post-completion work. It doesn't quite end with completion!
Any stamp duty arising on the purchase must be paid and the title
to the property must be registered at the Land Registry. The deeds
are sent to the mortgage lender.

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The process of buying or selling a
flat is similar, though there is a great deal more work involved in
checking the lease complies with the current lenders' requirements
and the details of the maintenance and insurance of the building.
For our PROPERTY
PRESENTATION TIPS, click here |
Copyright
© 2008 Purbeck & Co I Residential
Estate Agents and Valuers.
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