If you are in the process of buying, selling or re-mortgaging a property you probably need a conveyancer to oversee the legal requirements and ensure what is one of the most stressful events in your life, is as straight forward as possible.
We have put together a step by step guide to help you understand the process.
If you are unsure about a legal term that has been used refer to our Glossary of legal and latin terms .
Instructing a conveyancer - do you need to?
The short answer is "no", you can undertake the conveyancing yourself.
Conveyancing can be complicated that"s why Licensed conveyancers and conveyancing solicitors undertake years of training, are regulated and Insured.
A Licensed Conveyancer can only help with Property Law, If any other legal problems arise you may need to call in a solicitor.
The vast majority of conveyancing transactions are carried out by solicitors in England and Wales.
If you are buying a property in Scotland you must seek Legal advice in Scotland as the conveyancing process is different.
Step by Step Guide
• Conveyancing is the transfer of legal title from one party to another.
The points below cover the main stages you will go through when buying a home.
• The first step is understanding what you can afford
• Speak to your mortgage provider to obtain a Mortgage Agreement in Principle
• Choose Your Home
• Hire a Solicitor or conveyancer
• Make an Offer
• Complete your mortgage application
• Have a Survey and Valuation Done
• Legal Work - your solicitor or conveyancer will give you through this
• It is recommended that you make provision for Life Assurance
• If you need to organise a removal company check availability
• Exchange Contracts
• Complete on the house purchase
Its yours enjoy!
The conveyancing process can take any length of time depending on the complexity of the transaction or multiple property sales and purchases that may need to happen at the same time (referred to sometimes as "a chain")
This conveyancing process will start when either you as a seller or buyer, agree on an offer price for the property.
Most people apply for a mortgage when they find a property, we recommend that you should speak to your mortgage provider or financial advisor when you start considering purchasing a property, they will be able to give you an indication as to the amount they can lend you and the costs, this is sometimes called an agreement in principle, this will put you in a strong position when buying and enable you to act quickly when you do find the property of your dreams.
Producing contracts forms an integral part of the conveyancing process this section explains the Draft Contracts that will need to be completed and exchange of contract.
Once you have found the property you will need a Valuation/Survey undertaken on the property - you will have three choices - this section describes the choices available to you, if you are a cash buyer you will not need a survey but we strongly recommend that you have a survey in all cases.
Completion and Post Completion
It is possible to exchange and complete simultaneously but we would recommend that you allow time to do those final checks - the utilities, removal men etc.
Upon completion as the buyer you will be given in advance a statement showing the balance payable, sometimes your mortgage company will pay your solicitor in advance the agreed funds sometimes you will have to wait....and wait....and well you get the picture, but the waiting is worth it once the mortgage company have paid the monies over the property is yours.
The whole transaction is now complete and you just have to find who has your keys now, the estate agent should know.
Post sale your conveyancer will register ownership with the Land Registry and organise the payment of stamp duty.
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