The buyers guide to conveyancing

 

 

Buying a home is likely to be the biggest single biggest financial transaction you make, and to make sure that you get what you think you bargained for, it is worth having a conveyancer on board early in the process, so that you can act quickly once you have found your property.  We recommend an associated firm of conveyancers who offer our clients some of the best costs in the UK.

There are many detailed tasks to be carried out, particularly in raising and answering queries about the purchase and what is included, but these actions fit into a number of key steps:

Step 1:  Your conveyancer will contact the sellers solicitor/conveyancer and ask for the “information pack”, which contains 4 key items:

• property information form: a standard questionnaire, which will give details of boundaries (and disputes) and other key property information
• fixtures, fittings and contents form:  this tells you what is and is not included in the sale of the house.  There is often debate about what has been included in the sale (furniture, curtains, etc.), so you should be careful to agree with the seller what you are getting and let your conveyancer know if there are likely to be any areas of concern.
• title deeds:  these documents show that the person selling the property owns it, and secondly set out any rights or obligations that affect the property.
• contract: this is drawn up by the sellers solicitor/conveyancer, and sets out the main terms of the proposed agreement, including names and the price.

Step 2:  The conveyancer will then carry out a number of searches.  The local authority search is a list of questions about the property which are sent to the local authority. This search confirms a number of things, such as proposed changes to the local area, whether there have been planning applications on the property.  It doesn’t say whether there would be planning permission for any extensions you are thinking of.  You would need to request this separately.  If the property is in a mining area, then the solicitor will also carry out a mining search.

Step 3: You will then need to negotiate and agree the contract, based on this and any other surveys you have had carried out.

Step 4:  You next need to get a copy of a mortgage offer (if you are buying with a mortgage) on this specific property (not just an agreement in principle) which will be given once contract terms have been agreed.

 Step 5: You are now ready to agree a completion date (the date when the house becomes yours) and can exchange contracts along with a deposit.  This is no longer refundable if you pull out of the sale.  The minute you exchange contracts, the sale is set in stone – you must buy (at the price stated) and the seller must sell.

Step 6: Your conveyancer now draws up a purchase deed and send it to the seller’s solicitor/conveyancer, and reports to your lender, requesting mortgage funds.  Your conveyancer will then report to you requesting any residual balance, if applicable.

Step 7: Your conveyancer hands over to the seller’s solicitor the remainder of the purchase money (buying price less the deposit you have provided) and in return your conveyancer receives;

• the transfer document, which is needed to show the house is now transferred to you (and will need to be sent to the Land Registry) and
• the title deeds, which is the evidence of ownership and sets out the obligations on the owners.

You can now move in……………………………………..

What does a property solicitor do?

 

Find out why solicitors matter, and how you can find one.

Yes, the costs can add up when moving house, but having the right solicitor on your side is worth its weight in gold.

Here’s how you can make the legal side of your move run extra smooth.

Do you need a solicitor to buy a house?

Sure, it’s tempting to think you can dot the i’s and cross the t’s on all the legal paperwork, but it’s not quite so simple. Your solicitor helps to oversee the legal process of the sale so that ownership is lawfully transferred to you.

It’s true that you’re not legally required to use a solicitor when buying or selling a home, but these days, it’s virtually impossible not to use one. Issues like fraud are increasingly important and require legal oversight, and you’ll always need to prove your identity to the Land Registry using the correct procedures.

What is conveyancing?

Conveyancing is simply the legal transfer of property between two parties - a seller and buyer.

You’ll often hear the words ‘solicitor’ and ‘conveyancer’ used interchangeably, and while both a solicitor or a conveyancer may work on conveyancing matters, a conveyancer will not be able to work on any other legal matters; conveyancers are thus specialists in conveyancing only.

A solicitor may complete conveyancing work but could also act in other legal areas, however, most solicitors will now specialise in one area of law and a solicitor that completes conveyancing work will also be a specialist in conveyancing only.

Should I use a solicitor or a conveyancer?

There are experienced conveyancers and less experienced solicitors — and vice versa — so what really matters is that you get a sense of the experience, credentials and capability of the conveyancer or solicitor you want to employ to complete your sale or purchase.

Whether you use a solicitor or conveyancer, it’s reassuring to know that both are fully regulated and insured to complete your conveyancing

How much are the legal fees for buying a house?

For properties up to £1m, you can expect to pay between £1,000 and £3,000 on solicitors' fees, depending on the geographical region, and the scale and complexity of the transaction. The costs can increase quite a bit for higher-value properties.

Some solicitors will charge a fixed fee, or have fee arrangements like a ‘no sale/purchase, no fee’ agreement, and in complicated transactions, some may charge a percentage of the property value.

The overall fees include the third party costs associated with property transactions, known as ‘disbursements’. The most notable disbursements will be bank charges, property searches, Stamp Duty and Land Registry charges.

What does a conveyancer do?

So, what do you get for all your hard-earned cash? Here’s a breakdown of some of the main services your solicitor or conveyancer provides:

• Searches — Your solicitor will carry out checks with the Local Authority and other parties to see if there are any building control or environmental issues you should know about.
• Enquiries - Your solicitor will raise all the necessary enquiries with the other party’s solicitor to ensure that all the information you need to legally transfer the property into your name is provided and so that you have all the information required in order to be able to sell the property on without issue in the future.
• Bank transfers — In order to ensure funds reach the right accounts, the solicitor will carry out the transfer, which will incur a bank charge.
• Fraud checks — Transferring money can be a risky business, but your solicitor will verify both your identity and the legitimacy of the other parties.
• Stamp Duty — Properties bought for over £125,000 in England or Northern Ireland are subject to Stamp Duty; your solicitor can ensure you pay the correct amount.
• Land Registry — Your solicitor registers the property with the Land Registry and obtains the new title deed for you: this is the document which shows the ownership of a property.

What searches are required when selling a house?

Your solicitor will undertake numerous searches which can help establish whether there is any good reason not to buy the property.

These include the Local Authority search, which will shed light on any issues to consider in relation to the property and the surrounding area, from planning and building permission to conservation area status and tree preservation orders.

Environmental searches can uncover evidence of any toxic substances in the ground beneath a property from past industrial use.

Your solicitor will also carry out a water authority search, which will locate the source of water for the property, and whether any public water infrastructure exists on the plot.

Land Registry searches help to verify the legal owner of the property and make sure there are no onerous provisions or restrictions on the property and use of the same.

You sometimes have to pay for additional searches if the property is located in an area of potential risk, such as near a landfill site, coal mine or river where flooding may occur.

There are even searches on ‘chancel repair liability’, which we can assure you, is even stranger than it sounds. If you’re living within the parish of a church built before 1536, you could be liable for the cost of church repairs, though this is admittedly rare.

As you can see, there are lots of potential surprises that can crop up when buying a house, so even if the cost of getting searches done isn’t too appealing, it’s far better to know in advance if there is any cause for concern rather than buying a home you’ll struggle to sell later.

How long does conveyancing take with no chain?

If you’re moving into a property as a chain-free buyer, conveyancing can take as little as 4 weeks. But it depends on the type of property you’re buying, as leasehold flats tend to take longer than freehold houses.

Also, searches can take longer where there is concern about the property or the land it sits on. It may be more realistic to factor in at least 6 to 10 weeks for the conveyancing process to run its course.

How to decide whether to buy a house or build one

 

 

With 2022 seeing average UK house prices exceeding £260,000 for the first time, many people are exploring the possibility of building their own home.

While both buying and building come with their advantages, it’s worth knowing the downfalls of both sides.

This guest blog by Martha Lott, senior digital content executive with CompareMyMove.com, explores both options, examining:

• the costs
• timescales
• advantages and disadvantages

Read on and then you will be able to weigh up your options.

Buying a Home

Buying a house comes with costs, many of which people forget to factor in. Below we will explore the costs, timescale, advantages and disadvantages that come with buying a house.

The costs

• Deposit – You’ll need at least a 10% deposit to buy a house with a mortgage. This will usually be 10% of the property’s value but can sometimes be more.
• Conveyancing fees – Conveyancing costs for the average UK house price are £1,040 but will vary depending on property value, location and difficulty of your conveyancing case.
• Surveying fees – You’ll need to factor in property survey costs when buying a house. Survey fees will cost anywhere between £290-£1,390 depending on the value of the house, location and type of survey.

• Removal costs – Don’t forget to factor in your removal company cost by booking in advance. You’ll also avoid disappointment as they fill up quickly during summer, which is peak time.
• Mortgage fees – You usually will have to pay a fee when taking out a mortgage which is, on average, between £200-£1,000. If you’re using a mortgage broker, they will require a fee of between £300-600.
• Stamp duty – You’ll have to pay Stamp Duty in England and Northern Ireland; Land and Buildings Transaction Tax in Scotland and Land Transaction Tax in Wales within 30 days of completion. If you’re a first-time buyer, you’ll pay 5% Stamp Duty if the property is over £300,000 in England.

The timescale

• Apply for a mortgage in principle – You should have a mortgage in principle in place when viewing properties as it makes you a serious buyer. Many estate agents will ask for your mortgage in principle once your offer has been accepted.
• Instruct a conveyancer – Once your offer has been accepted, you can instruct your conveyancer to begin.
• Conveyancer orders searches – Your conveyancing solicitor will order searches early on in the process as these can take a while to be returned, depending on your local council. This typically takes between 3-6 weeks.
• Get a property survey – While waiting for search results, you should get a property survey to reveal any hidden defects the property may have.
• Exchange contracts – Exchanging contracts typically happens between 1-3 weeks after your searches have been returned.
• Completion day – Completion usually happens 1-2 weeks after you’ve exchanged contracts, and this is the day you’ll move in.

The timescale

• Apply for a mortgage in principle – You should have a mortgage in principle in place when viewing properties as it makes you a serious buyer. Many estate agents will ask for your mortgage in principle once your offer has been accepted.
• Instruct a conveyancer – Once your offer has been accepted, you can instruct your conveyancer to begin.
• Conveyancer orders searches – Your conveyancing solicitor will order searches early on in the process as these can take a while to be returned, depending on your local council. This typically takes between 3-6 weeks.
• Get a property survey – While waiting for search results, you should get a property survey to reveal any hidden defects the property may have.
• Exchange contracts – Exchanging contracts typically happens between 1-3 weeks after your searches have been returned.
• Completion day – Completion usually happens 1-2 weeks after you’ve exchanged contracts, and this is the day you’ll move in.

Advantages of buying a home

• You can take out a mortgage, so you don’t need the money upfront
• You can find affordable property in the right location
• The process is generally quicker
• There are more housing options available than plots to buy

Disadvantages of buying a home

• You must pay Stamp Duty
• You’re not as in control as you are with building a home
• You can’t pick and choose your building materials
• Energy bills are expensive, with only 40% of homes meeting energy standards

Building a Home

Building your own home will mean your house is truly unique, but it’s not a feasible option for everyone. The biggest argument against building a home is the higher costs and longer timescale. Below we will break down the costs, timescale, advantages and disadvantages of building your own home.

The costs

• According to Urban, the average cost to build a 2-bedroom house in the UK is between £187,625 and £281,437, however, there are many factors to consider on top of the cost of the plot.
• Plot fees – UK plot fees can cost anywhere between £1,00 to £3,000 per m² depending on location.
• Planning permission – You’ll need to apply for planning permission and will have to submit detailed building drawings to secure approved building regulations. This will cost roughly £400.
• Land survey costs – Land survey costs vary between £400 to £600 and will ensure the land is safe to build on. They’ll look at flood risks and any issues with trees nearby.
• Substructure – The type of foundations and drains needed will depend on the condition of the ground and your planning permissions, but average at £150 per m².
• Superstructure – This will be the biggest cost involved with building a home and includes the external and internal walls, external cladding, roof structure, etc. This typically costs £550 per m².
• Architect fees – The cost for the architect’s designs will be between 5% to 15% of the total cost and will vary depending on the complexity and size of the project.
• Services and fit – central heating, plumbing, ventilation as well as fitting kitchen and bathroom, tiles etc.

The timescale

It takes about a year to build a house if everything goes to plan. Many people find it takes longer than this, as there is currently a waiting time for building materials and there may well be mix-ups and delays over orders. 

Advantages of building a home

Your home will be unique

You choose the materials and features

If you stick to a budget, it can be cheaper than buying

You can design your home to be eco-friendly to save on energy bills

Disadvantages of building a home

Extreme weather can affect progress

Delays or shortages of building materials can affect the entire process

Could experience issues with cash-flow

Getting a mortgage is difficult, so you’ll need the money ready

Labour costs are expensive

Should I Buy My New Home Before I Sell My Current One

 

When you’re selling your home it’s likely that your ideal situation would be to sell it quickly after putting it on the market.

15 March 2022

However, this is not always the case and if you find a home you want to purchase before you secure your sale what are your options?

Can you buy a new house before you sell your old one?

Are You Allowed to Buy a House before Selling the Old One?

Buying and selling a property can be time consuming and stressful especially if you are in a chain. 

If your next purchase is dependent on the finances being released from your current property you will need to sell it before you can complete on the purchase of your new home. This doesn’t mean you can’t look and put an offer in on your next home but the transactions will be tied together so your current sale and on-going purchase happen at the same time. 

If you are in a financial position where you do not need to sell your current property before buying, then yes you can press on with the purchase. In this case you might be considered a more desirable buyer as you won’t be tied to a chain. 

You do need to consider some downsides. Your purchase will be classified as a second home, so you might have to pay higher stamp duty. Additionally, you’ll have to pay capital gains tax on the new house. And lastly, you have to make sure that you have the financial ability to take out a second mortgage.

Should I Wait to Sell before Buying?

On the flip side, you can also sell your house first before purchasing a new one. However, you should ensure you have somewhere to temporarily stay before you acquire a new home.

The advantage of this decision is that you can take time to find the perfect home for you. There won’t be an onward chain that will pressure you to sell your home, which can appeal to prospective buyers. Overall, the reduction of stress in balancing buying and selling at the same time will also make the process much more manageable for you and your family.

However, aside from the stress of finding temporary accommodation, you must also be ready for the disruption in your day-to-day activities and in effect 2 moves!

7 steps to buying a property

 

 

I’ve agreed to buy my first home – what happens next?

Moving house is stressful for everyone, no matter now experienced you are. To demystify the process, I’ve broken a typical purchase down into seven simple steps, outlining what has to be achieved before you can collect the keys.

Step one: Instructing a solicitor

Once you’ve agreed to purchase a property, you need a legal adviser to act on your behalf.

After settling on a firm of solicitors, you will be asked to complete instruction forms and provide documentation that proves your identity and that funds are available, to comply with money laundering regulations. You will also be asked to make a payment on account to cover the necessary searches on the property.

This is the point at which you would look to instruct an independent survey, if required and your advisor can give you more information about how to proceed. If you are buying the house with a mortgage, this is also the time to make the full application.

Step two: Receiving the contract

Once you have instructed a legal advisor, they will receive documentation in respect of the house you are buying from the sellers’ solicitor. This is known as the draft contract pack and includes protocol forms – the answers to specific questions about the property and what is to remain there on completion, along with a copy of the official title.

Step three: Raising enquiries

After the contract pack has been received, your solicitor will investigate the property’s title, raise any enquiries with the sellers’ solicitor, based on the information provided and apply for your searches. At this point, they would also want to receive a copy of your mortgage offer.

Step four: Report results

You will receive a legal report that covers information about the property, the results of your searches and your mortgage offer. It will outline everything you need to know and any issues that have arisen, together with the obligations imposed on you by the lender, in order for the purchase to proceed.

Step five: Signing the contract

You will be asked to sign the appropriate paperwork i.e. the contract, transfer deed and mortgage deed (if appropriate) and return it to your solicitor.

Step six: Exchanging contracts

Once everything is in place and has been sent back to the sellers’ solicitor, your legal advisor will look to exchange contracts on your behalf.

This is the point when the transaction becomes binding and a completion date can be fixed. It is also the time to insure the property.

The completion date needs to be agreed by all parties in your chain, so everything must be in place for exchange to go ahead. You are then legally committed to proceed with the purchase and complete on the agreed date.

Step seven: Completion

This is the day you’ve been working towards! Money will be transferred between parties in your chain and you become the new legal owner of your property. Once completion has been confirmed, you will be able to collect your keys and move in.

After legal completion, your solicitor needs to pay any stamp duty to the Inland Revenue and lodge your details with the Land Registry. You and your mortgage lender will then receive copies of the Completed Registration.

As you can see, there is a plethora of paperwork to wade through and investigations to carry out before you can proceed with the purchase of a property. This can cause frustrating delays, but your solicitor will keep you updated throughout and let you know when milestones are reached.

 

Buying a property at auction explained

 

 

A house I like is going to be auctioned. How do I go about making a bid and what should I look out for?

Buying property at auction is becoming increasingly popular, due to the shortage of homes for sale. If you are new to the process, you should do your research before placing a bid to ensure you understand the commitment you are making.

You will need to instruct a solicitor in advance of the auction who can review the sale pack, which includes the property’s title deeds and usually, up to date searches. This means you are potentially incurring costs on a house you do not buy. Your solicitor will give you a report and details of any queries or questions you should raise at the start of the auction, before bidding begins.

If you are successful, you are legally committed to the purchase, so it is worth the initial expense to ensure there are no nasty surprises awaiting you. Contracts will be exchanged at the auction and a completion date set, normally 28 days later.

You will need to contact your solicitor again after the auction, so they can deal with the completion procedure and the necessary documentation to transfer legal ownership of the property to you. They will also arrange for any stamp duty to be paid to the Inland Revenue.

How do I fund an auction property?

You must make sure you have funding in place before attending the auction, as you are legally bound to proceed with the purchase if your bid is successful.

As you will be expected to complete so quickly, there isn’t time to put a regular mortgage in place, so if you don’t have cash in the bank, you will require alternative borrowing.

You will be asked to pay a 10% deposit on the day of the auction, which means you need to have cleared funds ready to draw down.

Should I consider selling a property at auction? 

You may find an auction is a suitable option for selling a property, if speed is of the essence. For example, a quick turnaround is often advantageous when disposing of a deceased estate.

As before, you will need to instruct a solicitor before the auction to prepare the legal pack. You may have to pay for searches up front, but it is normal practice for these costs to be recovered from the buyer on completion.

As the buyer cannot raise enquiries after the sale has been agreed and contracts are exchanged, there should be no delays in the transaction. However, the downside is you could end up with a lower offer for the property than you would have achieved on the open market.

Remortgaging: What It Is and How It Works

 

 

You must have heard of remortgaging and how it can help you save hundreds of pounds. But what is it exactly? Not many people are aware of how remortgaging works, so few people are actually able to take advantage of its benefits.

09 February 2022

In this post, Conveyancing Expert - a trusted conveyancer in Manchester, shares some of the basic information you need to know about remortgaging, including why you should do it and how it works. If this is something you’re interested in, read on, and you’ll definitely find the answers to your remortgaging questions: 

“Why Should I Remortgage?”

When you first get your mortgage, it’s likely that what you’ve signed up for was a really good deal. The problem is, over time, the mortgage market goes through many changes. Newer and much better deals are now available. What that means is that it’s likely that there’s one that can benefit you better today and save you some money. 

Here are some of the reasons why you might want to remortgage: 

To Get a Better Interest Rate

When you take out a new mortgage, you’ll likely be given an introductory deal which will be a low fixed rate or a low tracker rate for several years. Such deals often last for two to five years, depending on the offer of the lender. When that introductory period ends, it’s a good idea to check the market to find out if switching will save you some money. 

To Get a More Flexible Deal

Remortgaging may offer a more flexible deal, like when you want to overpay. You can also do it to switch to a current account mortgage, where you can use your savings to minimize the amount of interest you need to pay. Some even allow you to draw your savings back should you need them. 

To Consolidate Debt

If you have a lot of debt, it might be tempting to borrow the extra money so you can pay off other debts. But even if mortgage interest rates are usually lower than that of a personal loan and significantly lower than credit cards, you might still end up having to pay more overall, especially because it’s going to be a long-term one. 

“Do I Need to Change My Lender?”

Not necessarily. To know for sure if there’s a need to change lenders, you should check with your current one if there’s any arrangement they can offer you. You can ask about the product fees they have on their new mortgages as well as any early repayment charges if you end your mortgage deal early. These expenses can add to the remortgaging cost, so you should really assess if it still makes sense to remortgage after you add these costs. 

“When Should I Consider Remortgaging?”

Well, it’s up to when you want to remortgage. However, if you are not yet at the end of your term, it’s likely you’ll have to pay an early repayment charge. Many choose to remortgage when they reach the end of their fixed-rate term because this is usually when their current mortgage stops being a great deal. 

Conclusion

Remortgaging can indeed be beneficial to many, but to be on the safe side, you should thoroughly check out the costs involved. There are lenders who will offer deals with zero fees to tempt you. However, many do not, and in such cases, you’ll have to pay for the legal, valuation, and administration fees which can be substantial, too. You shouldn’t jump at the first deal you are offered, mainly either. Compare offers and see which one is best for you.