Below are some of the most frequently asked questions about Conveyancing. If you have a question that is not answered here, please contact us and we will be happy to help you.
- What is Conveyancing?
- How long will my Conveyancing transaction take?
- I have had a quote from you, are there any hidden charges?
- What are disbursements?
- Do I need a deposit?
- Do I need a survey?
- What is ‘exchange of contracts’?
- When can I book my removals?
- What happens on Completion date?
- We are unmarried and I am putting a bigger deposit into the property, can I protect it?
- What will I be charged if my transaction falls through?
- We’ve split up and are selling the house, is it different?
What is Conveyancing?
Conveyancing is the process of transferring ownership of property or land from one person to another.
How long will my Conveyancing transaction take?
This will depend on a number of factors such as;
- How long the chain is (the number of transactions linked together). The longer the chain, the more coordination of dates is required and the more likelihood of a problem occurring.
- Do you require a mortgage and do you have a mortgage offer?
- Are the other parties to the transaction willing to move quickly with the transaction?
If a transaction goes ahead without any major problems, then it can often complete in around six weeks. Transactions often take longer than this, but some can be quicker. We will do everything possible to ensure a quick and efficient transaction and to work with you on proposed moving dates.
I’ve had a quote from you, are there any hidden charges?
We want to provide transparent pricing and will always quote you honestly. A quote for Conveyancing is made up of two parts, the legal fee (our fee for doing the work) and the disbursements (expenses incurred on your behalf, such as searches). Once we have provided you with a quote, it will only ever change if something comes to light during the process and we will always contact you before incurring additional expenses on your behalf.
What are Disbursements?
Disbursements are expenses which are incurred on your behalf during the Conveyancing process. These include Land Registry Fees and property searches. Your conveyancer will give you a full breakdown on any likely disbursements.
Do I need a Deposit?
It is usual for a buyer to pay a deposit on Exchange of Contracts which is equal to 10% of the purchase price However, if you are obtaining a 95% mortgage and do not have such a large deposit available or if your funds are invested in your present property, it is often possible to negotiate a smaller deposit. If needed we will do this for you once we have discussed with you the amount you have available. It is often also possible to use your buyers deposit on your purchase and so reduce the amount you pay.
Do I need a Survey?
If you are obtaining a mortgage, your lender will have the property inspected to see if it is suitable for them to lend against. It is important to note that this is a very basic valuation aimed only at protecting the lenders investment and not your interests.
For an extra fee, you have the option of having a more detailed survey done which may highlight any problems with the property that you should be aware of.
What is Exchange of Contracts?
Exchange of contracts means the transaction has become binding. On exchange of contracts the completion date is confirmed. Contracts are exchanged between solicitors, on the telephone. You do not need to be present for us to exchange contracts.
When can I book my removals?
It is best to avoid booking your removals until after contracts have been exchanged. Before exchange of contracts, a moving date is not definite.
What happens on the Completion date?
On completion, the following will happen.
- The buyers solicitors send the sellers solicitors the money needed to complete the purchase.
- If you are buying, we will arrange for your mortgage lender to send us your mortgage money on the completion date.
- If you are selling, we will pay off your mortgage when we receive the money from your buyers solicitor.
- When the money has changed hands, keys must be handed into or collected from the estate agents (depending on whether you are selling or buying). We will let you know when it is key hand-over time.
We are unmarried and I am putting a bigger deposit into the property, can I protect it?
If you are putting unequal amounts into the property, the person who is paying the larger amount can protect that money by a ‘trust deed’. This is a legal document which sets out who has put what into the property and outlines who will get what from the proceeds of the property in the event of separation.
What will I be charged if my transaction falls through?
If your transaction falls through, we will charge a proportion of our fee which relates to the amount of work we have carried out, therefore, the cost to you will depend on the stage the transaction failed. Any expenses (disbursements) already incurred on your behalf will also be payable.
We have split up and are selling the house, is it different?
The actual house sale procedure is the same, but the administration is made a little more complicated because you will each have to sign and agree to everything.