Q1. Are you a law firm?
Ans .Yes, we are regulated by the Law Society of England and Wales.

Q2. What is conveyancing?
Ans .Conveyancing is the legal process by which a property is transferred between parties.

Q3. How long will it take?
Ans. With the express conveyancing package we aim to exchange contracts within three working days of receiving a full package of documents. We are a very proactive firm and therefore although it is difficult to put a time scale on the transaction due to there being mortgages to organise as well as searches and surveys, we ensure everything is diarised and regularly checked. On a normal conveyancing transaction, the time scale is around 6 to 8 weeks.

Q4. What are disbursements?
Ans. Disbursements are the additional expenses which are required for the purchase or sale of your property, they do not form part of our legal fees. Disbursements are those expenses payable to other outside agencies, ie Local Authority searches, stamp duty and land registry searches. Disbursements should be the same at all law firms.

Q5. Will you require money upfront?
Ans.We will require from you £350.00 to start the searches on the property on your behalf.

Q6. What type of searches do you do and what are they for?
Ans.There are five main types of searches that can be carried out, these are:

1) Local authority Search – this reveals details of planning history along with any proposals for new roads or traffic schemes etc.

2) Environmental Search – This search is carried out to see if there are any landfill or waste disposal sites in the area. It also checks for toxic emissions, flooding, subsidence.

3) Land Charges Search – If you are buying the property with a mortgage the lender will ask your solicitor to carry out a search to make sure you are not bankrupt.

4) Drainage Search – This will show whether or not the surface and/ or foul water drains run into public or private sewer.

5) Land Registry Search – This is carried out just before completion in order to find out if there are new mortgages or other entries registered against the property that have not previously been disclosed.

Q7. We are buying in joint names – what do we need to know?
Ans. Married couples or people living together generally purchase a house as ‘Joint Tenants’ which means that upon the death of one or other of them – that person’s share automatically passes to the other. However, you can also buy property jointly as tenants in common which means upon the death of one of them that persons share will form part of their estate.

 

Q8. I wish to take someone off/ add someone onto my title deeds – what do I need to do?
Ans. This process is called a transfer of equity. If the property being transferred is currently mortgaged, you will be required to obtain your Lender’s written consent to change the ownership. A document called a ‘Transfer Deed’ is then drawn up and signed by all parties to the transaction, including the mortgage lender. Once this is done, an application will be submitted to HM Land Registry to change the title deeds. Also, you can take out indemnity insurance in place of a search, however, if buying with a mortgage then not every mortgage Company accepts insurance so you need to check at the outset but most lenders do accept them now.

Q9. I am a purchaser and need to move quickly – do I need searches?
Ans. Although we would strongly recommend you obtain a local authority Search, a Drainage and Water Search and an Environmental Search, as a cash purchaser these searches are discretionary and you can proceed without them, should you choose to do so.

Q10. I understand I have to pay Stamp Duty Land Tax at 1% of the purchase price if I buy a property over £120,000 – so do I pay 1% of the difference over £120,000?
Ans. No, if you’re buying a property for say £160,000 you will pay Stamp Duty Land Tax at 1% of the total purchase price i.e £1,600. 1% Stamp Duty Land Tax is payable for purchases of £120,001 up to £250,000. Purchases of £250,001 up to £500,000 incur Stamp Duty Land Tax of 3% of the purchase price and over £500,000 at 4%.

Q11. What is the difference between registered and unregistered land – does it matter if my property is ‘unregistered’ at HM Land Registry?
Ans. Unregistered land is simply land which has never been formally recorded at HM Land Registry. The main reason land remains ‘unregistered’ is that the property hasn’t been sold/transferred/mortgaged in the last 25 – 30 years, as registration was not compulsory at that time in all areas.

Selling unregistered land is not a problem, providing all of the original documents are to hand. Should you be purchasing a property which is currently unregistered, submission of your application to the Land Registry will trigger ‘first registration’ and title deeds will be produced in your name, as registration is now compulsory throughout the UK.

 

Q12. When will I get the deeds to my new property?
Ans. Registration at HM Land Registry generally takes between 5 and 8 weeks. Although you could expect to receive your title deeds within a month of completion, providing the property is not unregistered land.

Q13. When do I get the keys to my new property?
Ans. The keys are released when all of the money has been received by the seller’s solicitor, this will happen on the day of completion.

Q14. When do I get my sale proceeds?
Ans. Net sale/re-mortgage proceeds will be despatched to you on the day of completion by either a cheque in the first class post or by bank transfer to your chosen bank account.

Q15. I am a Council Tenant and and have been offered the ‘Right to Buy’ my home, can you deal with my purchase for me?
Ans. Yes, we can deal with your purchase of the property from the Local Authority. Once you have returned your Acceptance Notice to the Council we will contact them to request the relevant paperwork on your behalf.

Q16. How much time will there be between exchange and completion?
Ans. Most people prefer to have at least 14 days between exchange and completion to give them time to make removal arrangements and to draw down their mortgage advance. However, exchange of contracts can take place up to and including the day of completion i.e the day you pay for your new property and get the keys, or the day you receive the net sale proceeds if you are selling a property.

Q17. What is exchange of contracts and do I need to be there?
Ans. Exchange of contracts is carried out by us, over the telephone. It is the formal process whereby you become legally committed to proceed with the sale or purchase of your property. You do not need to be present at our office when exchange takes place.

Q18. How do I go about getting a quote?
Ans. Go to any of our web pages and click on the request a call now and one of our Solicitors will call you immediately on the number provided to give you a quote which will also be provided to you in writing.