The Conveyancing Process

The majority of people are unfamiliar with what to expect when they are moving house. As experienced conveyancers we are often asked how long until completion and what the next step in the process is. Below is a brief outline of what the legal process involves.

The Purchase

1.  A purchase is negotiated either through estate agents or privately.
2. The client then instructed us to act for them in their sale by signing our Terms of Engagement letter.
3.  We will then write to the seller’s solicitors to request a Contract Pack. We will also order searches.
4. After reviewing the Contract Pack and the search results we will raise any necessary enquiries wit the seller’s solicitors.
5. We will check the sellers solicitors responses to enquiries and seek further clarification if necessary.
6. We receive the client’s mortgage offer and ensure that we comply with the lender’s conditions.
7. We arrange for our client to sign the Contract and Mortgage Deed.
8. We request any balance monies required from the client for the payment of the deposit, legal fees, search fees etc.
9. A completion date is negotiated and agreed.
10. Exchange of Contracts takes place setting the completion date in stone.
11. Mortgage funds are requested from the client’s lender.
12. On completion, purchase monies sent to the seller’s solicitor and keys to the property are released to the purchaser.
13. We receive signed Transfer from seller’s solicitor and forward to the Land Registry to register our client as the owner of the property.

The sale

1. A sale is negotiated either through estate agents or privately.
2. The client then instructs us to act for them in their sale by signing our Terms of Engagement letter.
3. The client completes a Property Information Questionnaire, Fittings and Contents List, Overriding Interests Form and Leasehold Questionnaire (if their property is leasehold).
4. We will then recover the client’s deeds for the property either from the clients lender, our deeds store or the clients themselves.
5. A Contract Pack made up of the completed forms listed at stage 3 above, together with relevant copy documents from the deeds and of course the sale Contract, are sent to the purchaser’s solicitors.
6.  The purchaser’s solicitors will then raise any pre-contract enquiries they want to and will order searches. We will forward the pre-contract enquiries that can be answered by our client to them for their response. We will of course deal with any legal/technical enquiries ourselves.
7. We will then arrange for our client to sign the Contract and Transfer in readiness of completion. We will also, if relevant, order a redemption statement for any mortgage secured against the property.
8. A completion date is then negotiated and agreed.
9. Exchange of Contracts takes place setting the completion date in stone.
10. On completion, the sellers must vacate the property by lunchtime and drop all keys to the property at the estate agents, or alternatively, make arrangements to meet the purchaser’s with them.
11. The signed Transfer Deed is sent to the purchaser’s solicitors for them in turn to forward to the Land Registry who will in turn use the Deed to register the property in the name of the new owners.

If you are in any doubt about your sale or purchase or have any questions relating to residential conveyancing please contact Lorraine, Caroline or John on freephone number 0800 083 0815 or email: lorraine.webb@clough-willis.co.uk, caroline.rimmer@clough-willis.co.uk, john.parker@clough-willis.co.uk