Conveyancing Solicitors Glasgow Scotland

Flash Replacement banner

Guide

This guide is designed to  answer some general questions you my have about the selling and buying process in Scotland.

Guide to Conveyancing

Finding a New Home

Where should I buy?

It is amazing how many people buy a house on impulse. Before you even look at properties take a little time to decide which town, village or district is for you. If you are local you will have a fair idea of transport links, major planning proposals, local amenities and the like, but if you are new to an area it is worth researching these things. If you have children you will want to know about schools and nursery facilities. Contact the local authority administration office which should be able to help or refer you to the appropriate department. If you are concerned about personal and home security, contact the local police. Local authority. community, bus and rail websites have much useful inormation.

What should I buy?

Everyone has different priorities as to the type of property to buy. Most of us are constrained by our budget price, but other considerations are: The costs of maintenance – often older buildings cost more to upkeep; Parking facilities – will you be able to park outside your door? Are you bothered about sharing facilities with other residents like a close, back yard? Can you use your home for your work? and Can you keep pets in the property?

It would surprise you how many of us see a property once  then buy it. Happily most folk are content with their purchase but some regret their haste after they move in. You should always visit a house at least twice before making a bid. See it in the daylight and at night, during the week and at weekends. A property which appears highly desirable on a first visit can be otherwise at a different time of the day or week. A quiet street during the week can become a parking nightmare after work or a noisy weekend thoroughfare. If the flat is part of a larger building you may find the soundproofing poor when the other flats are occupied. Street lighting can cast a glow over a building which is less attractive in the cool light of day.

Where can I find Properties?

Today there are several ways of locating properties to purchase. Websites dedicated to property sales are now the most useful tool for identifying property for sale. You local newspaper's property section, estate agents and property centre  mailing lists also provide information on all sorts of properties. It's also worth cruising round an area for for-sale signs as many sellers now market their homes themselves as it is a simple and inexpensive way to sell. If you like a particular road or area you may find a property for sale  by simply googling the postcode online.

What do I need to know about new build houses?

Buying a new house is not significantly different from buying an established property. One possible advantage is that you should not have large repairs bills in the first few years. The house should benefit from a National House Building Council, Zurich or equivalent 10 year guarantee. Otherwise you must ensure there is an architect's supervision certificate and the architect's professional indemnity insurance. Builders normally charge a fixed price so you don't have to blind bid for the property. The down side can be that you are buying before the house has been built so it can be difficult to visualise the completed house, and builders will rarely commit themselves to a definite completion date. Ask the builder to mark out the extent of the garden and house boundaries on the site as this will at least give you some idea of the size of garden and any awkward slopes and shapes. You should also consider what, if any amenities are being provided locally. If there is no 10 year guarantee for the property or architect's certificate then you will have a major problem obtaining a mortgage for it. If you are paying cash for the house remember that if you try to sell it during the first ten years a prospective purchaser will still have problems obtaining a mortgage without these guarantees or architect's certificate.

You should also remember that it is illegal to live in a house without a completion certificate from the council. Normally builders will have the property approved by the NHBC inspector who will issue a covernote confirming satisfactory completion and then by the council building control officer to confirm that the  property meets the Building Regulations.  The builders will then invite you for a pre completion inspection. This will enable you to check with the site agent any matters which have not been finished as well as they might. Normally you cannot delay payment of the price if there are snagging jobs which are incomplete on the date you move in provided that the council officer has approved the property. The builder still will be under a continuing liability to sort out any snagging problems for a period up to two years after the property has been completed. If issues with the builder are not resolved amicably you should contact the NHBC, Zurich or equivalent guarantee provider to act as an arbiter in the dispute. If you are dealing with a builder who is not registered with the NHBC, etc. other means of holding him to account such as a retention on part of the price to allow time to deal with snagging should be considered.

How do I get a feel for prices?

First of all, a health warning! Very few properties in Scotland are unique. Most of our houses have been built since the First World War by local councils, government agencies or large house builders. The result is a similar property in a similar area will normally reach a similar price. Even in older properties, especially tenement flats there is usually a good guide to prices based on the size of the flats in an area. Don't assume that the asking price reflects the market value of the property. Always ask the selling agent what the expected selling price will be. Since December 2008 most properties marketed for sale must have a Home Report which includes a valuation prepared by a chartered surveyor. This should be indicative of the market value   but is not necessarily the figure a seller would be happy to sell for particularly if the property is in a popular area.   Then do some research yourself. There are now websites dedicated to providing notes of what prices houses have achieved as registered in the Land Register of Scotland . www.ros.gov.uk or www.nethouseprices.com. Once you know the price range, try and see as many properties in your price range as possible. Take notes on each house's good and bad points: what size and shape are the rooms? will I get my furniture in? how modern are the services like heating, electricity and plumbing? when were they last serviced? do the floors creak? will I need to decorate? is there easy access to the roofspace and is it floored? are the windows double glazed or old and ill-fitting? Is the entrance nice or shabby? Does the house smell damp or cosy ? Are the bathroom and kitchen fittings in good order or will they need replaced? what are the parking arrangements? do the other flats in the block look well maintained? does the roof look well maintained? (a pair of binoculars can be useful!)

Why do some sellers ask for a fixed price for their homes while other invite 'offers over £...'?

Some sellers are content with a fixed price or are anxious to sell quickly, while other sellers may feel that property prices in their area are going up and want to maximise the price they hope to achieve for their homes, thus ‘offers over' or 'offers around'. There is no meaningful difference between these two devices.  What you must remember is that by advertising their homes for sale sellers are not legally committed to selling; they are merely telling the world that they may sell. A seller can ask what (s)he likes for her/his home. Sellers can accept any or no offer for their homes. The highest offer is not always successful. Over the last few years there has been a tendency to set the asking price way below what the seller will accept. As an example, a house marketed at "offers over/around £120,000" could mean that the seller is looking for £150,000, but the seller uses the device to attract initial interest and to hook a prospective buyer, either to increasing his mortgage to buy the house or simply to line him/her up to buy a less expensive property. As a result some prospective buyers have been fooled into assuming that a certain type of property in a certain area is within their budget. The Home Report has not stopped this practice.

Putting in an Offer

I've seen the property, what do I do next?

You need Conveyancing Direct. We are members of the Law Society of Scotland and are subject to very strict supervision so that the public is protected against any unscrupulous practices. Because the Law Society imposes certain standards of professional service you can be assured that the service you receive from us is as good if not better than any other solicitor in Scotland. Conveyancing Direct's Client Advisors issue every enquirer with a terms of business agreement confirming the legal costs and detailing what we shall do for the fee quoted all in plain English so you are not bamboozled with law speak. We also carry out an online identity check to comply with government money laundering regulations. In a very small number of cases we may have to see more documents if the check is inconclusive.

Does your quotation contain?

We tell you our fee, the VAT payable on it and outlays the government departments charge you which we pay on your behalf. Every purchasers must pay registration dues which are the charges the government Land Register makes to register your title and your mortgage document(if any) in the public register. These are charged on a sliding scale so the more expensive the house the greater the registration dues. If your house costs no more then £125,000 you do not pay Stamp Duty Land Tax . Over £125,000 but less than £250,000 purchasers currently pay Stamp Duty Land Tax of 1% on the full purchase price. For house prices over £250,000 the percentage bands are 3% up to £500,000 and then 4% over £500,000. We also include an amount in each transaction to cover incidental costs like bank charges, copying and postages and courier charges. If your purchase price is no more than £150,000 you may be exempt from Stamp Duty Land Tax if the property is within a small number of Stamp Duty Land Tax Exempt Areas. Either phone us on 0800 0528222 or obtain an online quotation from us with the post code of the property and we shall be able to confirm if the property is exempt.

Do I need to make an appointment with the solicitor?

In this world of busy people and advanced tele-communications most people don't have the time or inclination to take time off work to see a solicitor. There is no need. Simply give Conveyancing Direct a ring on 0800 0528222 between 8.00am and 6.00pm Monday to Friday (excluding national holidays) or e-mail if you prefer. Except in exceptional cases you can complete your purchase without meeting us. In all correspondence or emails to you we shall indicate the name, direct phone number and email address of the person in our office dealing with your case.

What details do I give Conveyancing Direct?

Simply fill in the quote form on this site giving your full name, contact telephone number and email address or call Conveyancing Direct on Freephone 0800 0528222 (Monday to Friday 8am to 7pm) This will allow our client advisors to contact you to discuss your specific requirements,  register you as a client and formally intimate your interest in the property with the selling agent. If a closing date is set for offers please let us know as soon as possible. Otherwise we shall check this for you and try to find out how many other people are interested in the property. We can alsosubmit an offer immediately if you so desire.

Do I need a mortgage?

A few lucky people do not need to borrow money to buy property but most of us do. How much we need or can afford to borrow and the most appropriate type of mortgage are all governed by regulations imposed by government and the various banks and building societies who offer hundreds of different mortgage products. You need someone to explain all this to you and to ensure that the mortgage product is right for your present circumstances but also with an eye to your future requirements, particularly if you do not view your purchase as your long term home. If you already have a mortgage advisor or have set up a mortgage in principle with a lender simply tell them that Conveyancing Direct is acting as your solicitors and they will advise the lender to send the mortgage instructions to us. Conveyancing Direct is on the panel of all major lenders. If you have not made any definite mortgage arrangements Conveyancing Direct can help by referring you to an independent Mortgage Advisor, who will trawl the market for the best products. Some mortgage products are not available direct to the public so it pays to speak to our independent Mortgage Advisor panel. Provided you have not had major debt problems a mortgage can be approved in principle for you within a matter of hours .

When can I have the house surveyed?

As most properties now have a Home Report when marketed  most offers are submitted for a property with a condition: "subject to  the Home report being acceptable to the Purchaser and his/her Lander". This means that if the seller indicates that your offer price is acceptable the seller will not actively market the property for around 48 hours to allow you to have the property approved by your lender. There is nothing legally binding in this part of the procedure but is usually followed Some lenders will not accept Home Reports because the surveyor is not on their surveying panel or because the Home report is over three months old.  In those case you normally have to pay for a separate valuation report by your lender's approved surveyor. Check with your broker or mortgage lender immediately you know your offer is going to be accepted.  If you  are buying the property without a mortgage you may still want an independent surveyor to check the property. Surveys can normally be carried out within twenty four hours , and a verbal report will be issued by the surveyor as soon as (s)he has inspected the property. Provided the verbal report does not highlight any major problems or the value is significantly lower than the price you made in the offer Conveyancing Direct will ask your permission to confirm to the selling agent that the "subject to the Home report being acceptable to the Lender " clause in the offer can be removed, or if there are issues thrown up by the survey any changes you what to make to the price or other conditions in the offer. Occasionally the survey report may request further enquiry about a potential problem such as wood rot, etc. In these cases a specialist report would be required to examine in detail the extent and cost of repair work. This situation inevitably holds up any deal on the property until such reports are obtained and considered. Sometimes the seller or the buyer pulls out.

Is there more than one type of survey?

Apart from the Home Report valuation which is similar to the homebuyer's report in content most purchasers will  choose either a valuation report or a homebuyer's survey. The valuation report is required by your lender and obliges the surveyor to visit the property, indicate a market value, an insurance value and to indicate any potential problems with the property which could affect the lender's loan funds to be invested in the property. As an example the surveyor should point out if there have been alterations to it; the general condition of the property and its services, dampness problems. The surveyor will often ask the solicitors to check out title deeds, etc. to confirm that the surveyor's assumptions are correct. Normally lenders and not borrowers have a right to claim a surveyor for an error in a valuation report. Despite this most house purchasers take the risk of a valuation report given that their lender is usually investing more money than they in the property and the valuation report cost much less than a home buyer's report.

The homebuyer's report is longer than the valuation report though arguably anything untoward in a homebuyer's report should also appear in a valuation report. It's major benefit is that the house purchaser who instructs it would normally have a claim against the surveyor for an error in the report. The cost of the homebuyer's report is usually two to three times the cost of a valuation report.

Whatever survey you choose be aware that they are by their nature superficial. A surveyor will not normally be allowed to make holes in walls or test any equipment.

For full details of the features of each type of report you should speak to the surveying firm you instruct.

What are Home Reports?

The Scottish Government introduced  a Home Report for most houses marketed for sale from 1/12/2008. The Home Report which can run to sixty pages includes an energy efficiency report, a sellers' questionnaire and a survey of the property commissioned by the seller intended for use by a purchaser. The cost is borne by the Seller. Some lenders accept them;  others don't , so there is widespread uncertainty as to the continued use of them in their present form.  The industry has decided that they are out of date after three months so they require to be  refreshed and there is some argument as to who should pay for this refreshment.  There is no guarantee that the Home Report valuation will be the same as one commissioned by the purchaser or his/her lender.  Surveyors who have carried out a Home Report owe a duty of care to a Seller and/or Purchaser so if the surveyor is negligent then the Seller or Purchaser  may have a claim against the surveyor.

What goes in the offer?

Obviously your name and address, the property address, the price, the date of entry (which is the date on which you wish to get the keys), and any items to be included in the price, like carpets and other moveable goods. The offer will also have various standard conditions: to ensure your right to the property cannot be challenged; that there are no planning or road widening notices adversely affecting it; that it has the public utility services; that the heating is working when you take it over; and that any previous alterations to the property have necessary local authority or government consents. We shall normally impose a time limit for the offer to be accepted. It is becoming common practice to also indicate in the offer whether your purchase is conditional on you selling your present home or confirmation of a mortgage. Conveyancing Direct normally advises client to allow at least six weeks from the date of the offer till the date of entry. This is to allow time for the seller's solicitor to answer various observations Conveyancing Direct will raise, and to allow your mortgage lender to have sufficient time to process your mortgage papers. Despite impressions given by some mortgage lenders don't believe assurances that the loan papers are available immediately you offer for a property.

Is my offer binding?

In Scotland an offer must be in writing and can be signed by Conveyancing Direct on your behalf. It is only binding if the seller's solicitor sends us a simple written acceptance of the offer without any qualification. Nowadays this rarely happens due to the fact that offers have several conditions, and sellers' solicitors try to minimise the warranties or guarantees which a seller has to give to a purchaser. Consequently the seller's solicitor will issue a qualified acceptance which qualifies many of the conditions in the original offer. You have to agree every qualification with the seller for the bargain to be binding. If not, you or the seller is free to walk away from the proposed contract.

Buying a New Home

When should I advise my mortgage lender or broker that the purchase is proceeding?

As soon as Conveyancing Direct advises you that your offer is to be accepted. Lenders can then process the mortgage papers. In the unlikely event of the purchase falling through you would not normally be liable for any cost to the lender if the loan funds are not actually used. But you should check with the lender in each case as some lenders and brokers  charge arrangement fees regardless of whether a mortgage proceeds  .

How long does it take to get a binding contract with the Seller?

Time was when these contracts ( or "missives" as we call them in Scotland ) could be binding within 24 or 48 hours after the offer. Nowadays the average missive takes 10 to 14 days and sometimes longer if both sides struggle to agree the terms of the contract or there is a holdup with mortgage papers.. Conveyancing Direct will write to you when there is a binding contract.

What costs do I have if my offer is unsuccessful?

You will have to pay the surveyor's fee if your lender requires one. Conveyancing Direct does not charge for unsuccessful offers.  Your mortgage advisor should tell you what the survey fee is likely to cost when discussing your mortgage requirements with you.

What happens next?

Your mortgage advisor will complete your mortgage formalities to ensure that your lender issues the mortgage offer and instructions to Conveyancing Direct before the date of entry. The seller's solicitor will send the title deeds and search reports from the local authority and central government title registers to us and any other reports or certificates which are conditions of the missives. Conveyancing Direct will prepare the new title deed to be signed by the seller.

Things to check about the property

How do I know what I am buying?

Conveyancing Direct will examine the title deeds carefully and send you a report in plain English on the title deeds of the property . This report should provide a plan of the property (unless the property is very old or a flat where we provide a written description of it) ) and a note of  the conditions which may affect your enjoyment of the property.

What sort of conditions are there likely to be?

Most houses have restrictions on business use, parking of vehicles, keeping pets, altering the property without council permission, construction and maintenance of boundary walls. etc. Normally the public utilities like gas, water and electricity companies have rights to maintain their pipes and cables on your property provided they repair any damage. You will also be required to insure and maintain your home, and not to use it for a purpose which would be a nuisance to neighbours. Some of these conditions might change due to major reforms to our system of property ownership in Scotland.

Are there any special conditions if I'm buying a flat?

There are special conditions to protect flat owners. Certain parts of the building shared by flat owners should be held in common ownership by all the flat owners in a building. These are normally the foundations, outside and division walls, the roof, gutters and down pipes, common entrance , close and stairs, back courts, and bin areas. Sometimes even attics are common. This can be important if you are buying a top floor flat.

How are these common areas managed and who pays for their maintenance?

In some parts of Scotland and particularly in modern flatted developments professional firms of factors or management agents are employed to co-ordinate repairs to these common areas under the direction of a majority of the flat owners in a building. The title deeds will indicate what share each owner pays to maintain these common areas and payment of the factor's fee and even a factor's float running to a few hundred pounds which you are require to pay when you buy the flat. If a flat owner fails to pay his/her share he/she can be sued by the other flat owners, or even the factor. To maintain the value of all properties in the building it is in everyone's interest for these common repairs to be done and paid for. In older properties there is often no factor appointed, so all the flat owners must arrange any repairs on an informal or ad hoc basis among them. Conveyancing Direct will advise you of any arrangements for these repairs if you are buying a flat.

Who is responsible for common amenity areas or parks in the development?

Most people imagine that the local council maintains all parkland and public access amenity areas. This is not the case. In most modern housing estates built since the 1970s the maintenance of public access areas is the responsibility of all the house owners in these estates. Sometimes a professional factor is employed to arrange this work but sometimes a residents' association deals with these responsibilities. Whatever means is used each owner bears a share of the costs involved. You may be asked to pay a float running to a few hundred pounds towards the cost of this work when you buy the house. These owners can expect to receive a bill once or twice a year for grass maintenance depending on the extent of the public open space and the amount of landscaping involved.

Moving In

When can I check the house out before the date of entry?

In our offer to purchase we require the seller to arrange a time with you to check the house out for measurements, etc, and to show you how the heating and other systems work. You also have the right to have a central heating engineer inspect the heating system at your expense before you move in. This is worth arranging as essential repairs can then be carried out at the seller's expense before the date of entry. Otherwise you may have to foot the bill for faults not discovered before the date of entry.

What will be in my mortgage offer?

Unfortunately all lenders' mortgage offers run to several pages and sometimes include booklets which are a guaranteed cure for insomnia. Nevertheless you should try and read them as they include not just the amount you are borrowing, the interest rate, the monthly payment, when the payments will come off and special deals or conditions, but also what you can or cannot do with the property while you are borrowing money on it. Lenders can get the figures wrong so read these mortgage offers carefully. Your mortgage advisor should also receive a copy so phone him/her to check it out and ensure that any forms you need to complete and return are sent in plenty of time before the date of entry.

Will there be any other forms for me to sign before the date of entry?

In Scotland only the seller signs the sale document called a disposition. If you are receiving a mortgage Conveyancing Direct will receive mortgage instructions from your lender. These will be similar to your mortgage offer. Conveyancing Direct will prepare a standard security which is the document which bonds the house to the lender until the mortgage is repaid. It also gives the lender power to repossess the house without your consent if you fail to abide by the mortgage conditions. Some lenders sometimes require additional documents to be signed and you will be advised of these where applicable. Because hard copies of these documents are required Conveyancing Direct will either send the documents to you for signing or arrange for you to call at our office to sign if convenient to you. These documents must be signed and in our hands before he mortgage funds can be encashed.

When do I pay my deposit?

Provided that your mortgage lender has issued its mortgage instructions to Conveyancing Direct at least one week before the date of entry Conveyancing Direct's legal executive appointed to your case will ask you for your deposit and any outstanding charges to be in our hands preferably 5 days before the date of entry and be paid by CHAPS or BACS though your bank so that they will be cleared through Conveyancing Direct's Clients' Account in plenty of time for the date of entry. Cash is not acceptable due to government Money Laundering Rules.  Conveyancing will provide you with the necessary bank details for the transfer of funds. Please note that until we have the mortgage instructions we cannot confirm the exact amount of your deposit.

How is the price paid?

Provided we have all the signed documents we require, Conveyancing Direct will request mortgage funds from your lender on the business day before the date of entry and then send a cheque to the seller's solicitor. Once this is received the seller's solicitor will authorise release of the keys to you on the date of entry.

How do I get the keys?

Shortly before the date of entry Conveyancing Direct will be advised by the seller's solicitor when the keys will be available on the date and where they can be collected. There cannot be any guarantee that the keys will be available at a certain time on the date of entry. By convention most keys are available by lunchtime. However there can be delays due to sellers having removal problems particularly if they are attempting to buy and sell on the same day. With a little give and take between sellers and purchasers the system works pretty well. If you are hiring a van or removal firm it is advisable to do so for the full day and not for a half day given that the time you receive the keys cannot be guaranteed.

What should I check once I'm in?

Check that any moveable items included in the contract are all there. Let Conveyancing Direct know as soon as possible if there is a problem so we can raise the matter with the seller's solicitor. Normally you only have three working days to intimate such a claim. Check that the meters have been read and advise the utility companies (gas, electricity and telephone) that you are now the owner occupier. You should receive a council tax notice from the council shortly after you move in. If this is not received within one month please contact the council Finance Department.

What happens to the title deeds?

In exchange for the price the seller's solicitor sends the signed title deeds and any other related documents to Conveyancing Direct. Conveyancing Direct supervising solicitor will check them, complete an online Stamp Duty Land Tax application and arranged for the tax(if any) to be paid and have them registered in the public registers. The public register will issue a receipt and in a few months ( or years if the property is a new build) thereafter return the title deeds to Conveyancing Direct where they are again checked and sent to your lender for safekeeping until you pay off the mortgage or wish to resell the house.

How are the financial matters finalised?

Conveyancing Direct will take a week after the date of entry to send a statement to you showing all the money we have received and all the payments made on your behalf along with a cheque for the balance of any sums we are holding for you. A week is required because we do not receive confirmation from our bank that all funds have been cleared. If you have any queries on the statement contact the person handling your case as soon as possible. Otherwise you can count the transaction completed and turn your new house into your home.

Selling the Property

How do I go about it?

When you decide to sell your home you need an idea of the value. You should look at local estate agents’ stock to judge the prices of similar properties in your area and visit  ww.ros.gov.uk for a recent history of prices paid.  Most agents offer a free valuation service. Ask two or three in to compare their opinions of the value and their marketing strategy. It is also a good way of obtaining from them a quotation of their charges. You must commission a Home Report from a surveyor.  Your estate agent can arrange this , or if you decide to market yourself google “home reports” to see the charges offered.  Expect to pay several hundreds of pounds.

Should I do anything to the house?

Nothing puts would-be purchasers off than an untidy, dirty house. So make sure it is clean, the garden is tidy and (if time allows) freshen up tired paint work.

How do I market the property?

You have quite a choice, and the difference in cost can be substantial. Much depends on the budget you have.

Can I do it myself?

Yes! You can put a for-sale sign on your front window or in the garden and also register your home on the internet for free with one of the new internet house matching services. Remember you must commission a Home Report or.  Failure to do so attracts a fixed penalty.   Check your local paper for property advertising rates and book your house in the property pages for a few weeks. The papers will give you help with the advert. Keep it brief, truthful, indicate the price and specify viewing arrangements. You should also prepare a schedule of particulars including the address of the property, the asking price, items like carpets being included, telephone contact for surveyors wishing to value the house and the name and address of your solicitor to whom offers should be sent. Give a copy to everyone who views your home and provide them with online access details to download the Home Report.  Keep some hard copies available for viewers who have no internet access.


What professional help can I get? You could also choose to sell through an estate agent or solicitor property centre. Before instructing them check the full cost of selling as some charge registration fees, advertising costs and commission which normally ranges from 1% to 1.5% of the sale price. These charges are in addition to legal fees and costs. Ask for a full written quotation and check the small print especially if you were to sack your agent and then an offer was received for your home a short time thereafter.

Legal Process

Do I need Conveyancing Direct?

You sure do. Our job is to complete the legal transfer of the property from the seller to the purchaser. While this process called conveyancing remains a mystery to Joe Public you can’t do it without a solicitor. Phone us on Freephone 0800 0528222 ( Monday to Friday 8am to 6pm) or complete the quotation request form on this website  and one of our client advisors will be able to respond to you with a telephone call to discuss your specific requirements followed by a written terms of business agreement detailing what we shall do for the fee quoted, an estimate of the other costs all in plain English.

Are there extra costs I will incur?

Whenever you sell property in Scotland you will have extra costs over and above the solicitor’s fee. These will include VAT on our fee, the cost of a search of the local authority and water board records, possibly a Coal Authority report , and a search of the government property and personal records and the cost of recording a discharge of a mortgage in the public records. Unfortunately there can sometimes be added costs for special reports and documents which are rarely foreseeable at the start of a transaction. Thankfully these cases are the exception to the rule. Conveyancing Direct will let you know these costs. 

When should I instruct Conveyancing Direct?

Preferably as soon as you put your house up for sale. This will allow us to order your title deeds from your lender and be ready to deal with an offer as soon as it is received.
 

Are there any special documents I should look out for Conveyancing Direct?

If you or  a previous owner of your home have had any work done to it, eg. an extension, alteration, timber or damp treatments, double glazing etc. look out the local authority consents, plans or guarantees and give them to us as soon as possible so that they can be checked.

What happens next?

Once you have had viewers and one or more want to make an offer for it tell them the name of your selling agent if you are using them to market your home or (if you are marketing it yourself) the name and address of Conveyancing Direct. The interested parties should have their solicitors intimate interest to your selling agent or Conveyancing Direct. If you receive more than on note of interest it is usually wise to set a closing date for offers to be received. Seek advice about this from your selling agent or Conveyancing Direct.

Receiving an Offer

What happens when an offer is received by my selling agent or Conveaynciong Direct?

We shall go over it with you on the telephone and send you out a copy. If you wish to accept an offer we shall let the offering solicitor know that it is acceptable in principle. If you don’t wish to accept the offer we shall advise the offering solicitor accordingly. Once you receive the copy of the offer you should read it carefully as it will run to a number of conditions all of which are equally important. Contact Conveyancing Direct who will explain it to you in detail. Since most offers are subject to the Home Report being acceptable to the Purchaser and his/her  lender or occasionally subject to a separate valuation , the valuation report or an indication that the lender will accept the Home Report will be requested from the Purchaser's solicitor.  If this is forthcoming we shall then prepare a qualified acceptance accepting some of the clauses and deleting others and adding other clauses all designed to protect your interests without scaring the offeror away.

What sorts of clause are crucial?

Obviously the extent of the property being sold and to ensure you hold the title to it; that all necessary consents for any alterations are available; items included in the price; the date the prospective purchaser wants to move in known as ‘the date of entry’; and that things like the heating system are working properly. A Purchaser will also want to know that you haven’t  received notice of any proposed developments near the house which might affect its value and amenity.
 

How is the contract struck?

In response to Conveyancing Direct’s qualified acceptance the prospective purchaser’s solicitor will discuss the qualifications with the purchaser . If the purchaser is happy his/her solicitor will send a letter to us confirming the bargain. You then have a deal which neither you nor the purchaser can change unless you both agree. This is called the Missives.

How long do Missives take?

This varies according to each transaction. However in most straightforward cases 10 to 14 days from the date of the offer is the norm. If there are problems with the titles or missing documents or hold ups with purchasers' mortgage papers  the process can take several weeks. Your solicitor will write to you confirming when there is a binding contract.

What do I do next?

You should arrange your removal either on or before the date of entry. If you are hiring a van for a d.i.y. removal remember you  must be out of the house by lunchtime so that this leaves little time for  more than one trip in the van.    Advise the Council Tax office and any factor or management agent of the sale. Have your gas, electricity and telephone provider provide final bills and arrange a redirection of your mail for at least six months. Have any heating system serviced so that the purchaser can’t claim it’s not working when (s)he takes entry. When leaving place in the kitchen all operating instructions for appliances and systems included in the sale. Make sure all rubbish and unwanted goods are removed before the date of entry.

Do I sign anything?

All sellers must sign the Disposition which is the document which transfers the title to the purchaser.  As it is prepared by the purchaser's solicitor it may only be available the day or so before the date of entry. It is essential therefore that you are contactable so that the Disposition can be signed.  If you will not be at home at the time of the date of entry you must give Conveyancing Direct plenty of advance notice so that a possible alternative arrangement to sign can be made. This may involve you in additional costs.  Normally documents can be sent to you to sign.

Finalising the Sale

What do I do with the keys?

It is helpful if you clearly label each key. If you have used a selling agent give him/her one set of keys before the date of entry along with details of any alarm code. Keep the other sets until you leave the house and simply put them through the letter box of your old house. If you did not use a selling agent discuss with Conveyancing Direct the arrangement for the hand over of keys.

What does Conveyancing Direct then?

We send out the titles to the purchaser’s solicitor who prepares the new title. You will be asked to sign the title transfer document called a disposition which must be in our hands by the date of entry. Conveyancing Direct will instruct search reports from local and central government departments. The search reports will be sent to the purchaser’s solicitors, and if these are in order, the purchaser’s solicitor will send the price to us to arrive in time for the date of entry. In exchange for this money the title deeds are sent to the purchaser’s solicitor and we shall authorise release of the keys to the purchaser. We must pay off your mortgage for an amount requested by your lender. A few days later we shall give you a statement showing all the money we have received and what we have paid on your behalf. We shall send you a cheque for any balance due to you on the statement.

What if I don't accept Convayncing Direct's figures?

Challenge them! Be careful however with the figure to pay off your mortgage. We must pay the figure given by your lender. If a mistake is made by the lender it will reimburse you once it has squared the loan off through its accounting system. Also remember that the amount required to pay off your mortgage is invariably more than the sum outstanding as lenders have the right to charge a redemption charge, possibly an early redemption penalty and any arrears.

Is that it finished?

That should be all. If you lender held any life policies these should be sent on to you by us after they have been released by the lender.