A Guide to Selling Your Property
Selling a property is an involved and legally complex process, requiring the seller to take many factors and legal responsibilities into account. As such, it is essential that anyone involved in a property transaction makes themselves aware of how the process works.
As experts in the field of conveyancing, the property law solicitors at Clough & Willis are well placed to provide useful information to those looking to sell their homes, which is why our team has put together this step-by-step guide to how selling your property works.
Read on for more information about what to do. If you’d like to speak to a member of our team about any aspect of the conveyancing process, visit our contact page, or give us a call on 0800 083 0815.
How the sales process works
Although the exact sequence of events involved in selling a property can vary depending on specific circumstances, the process will usually be ordered as follows:
Step 1: The sale is agreed
A sale agreement is negotiated between the buyer and the seller, either through an estate agent or on a private basis.
Step 2: The seller appoints a solicitor
After the sale agreement has been made, the seller will need to instruct a solicitor to act for them and represent them during the sales process, usually by signing a Terms of Engagement letter setting out the terms of the relationship.
For more information on appointing a solicitor, click here.
Step 3: The primary paperwork is completed
Before the process can move onwards, the seller must provide the following:
- Property Information Questionnaire
- Fittings and Contents List
- Overriding Interests Form
- Leasehold Questionnaire (if the property is leasehold)
Step 4: Recovery of the deeds
The solicitor will be responsible for recovering the deeds to the purchased property, whether this is from the lender, a deeds store or from the seller themselves.
Step 5: Sending over the paperwork
A contract pack will be compiled containing all of the completed forms listed at Step 3, together with relevant copy documents from the deeds and the sale contract. This will then be sent across to the purchaser's solicitors.
Step 6: Pre-contract enquiries are raised
If the purchaser's solicitors have any enquiries or searches to carry out prior to the signing of the contract, they will be raised at this point. The seller’s solicitors will handle any legal or technical enquiries, and forward on the remaining queries for the seller to answer.
Step 7: Signing the contract
Once the prior steps have been finalised, the seller will need to sign the contract and transfer deed in readiness for completion. If necessary, their solicitor will then order a redemption statement for any mortgage secured against the property.
Step 8: Confirming a completion date and exchanging contracts
The completion date will need to be negotiated to accommodate both the buyer and the seller, and be mutually agreed upon. Contracts will then be exchanged, thereby setting the completion date in stone.
Step 9: Vacating the property
On completion, the sellers must vacate the property by lunchtime of the agreed completion date and leave all keys to the property with the estate agent. Alternatively, they may choose to make arrangements to bring them directly to the buyer.
Step 10: Sending the transfer deed
The signed transfer deed will be sent to the buyer's solicitors for them to forward on to the Land Registry. This will formally register the property in the name of the new owners, putting the final touch on the sale process.
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We can offer easy-to-understand advice on all areas of conveyancing and property law and will work our hardest to get you the best possible outcome - whether that is ensuring a smooth sale or negotiating a contract in your favour.