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Back to Buying a Property

This page details the basic stages involved in moving house. You may also find our Frequently Asked Questions page useful.

There are TWO distinct stages in the Conveyancing process:- EXCHANGE OF CONTRACTS and COMPLETION. The two-stage process means money and keys do not change hands until both parties have committed to a contract setting out the exact terms of the agreement between them. In this way, costs are kept to a minimum until you are certain of proceeding with the move.

BEFORE EXCHANGE OF CONTRACTS
In a reasonably straightforward transaction with no unusual problems arising, the procedure would briefly be as follows:-

YOUR SALE YOUR PURCHASE
1. We take your full instructions 1. We take your full instructions
2. You supply proof of identification. 2. You supply proof of identification.
3. You receive from us an introductory letter and enquiry forms to complete. 3. We request from you the cost of any searches we need to carry out.
4. We obtain your deeds and copy Land Registry documents (if necessary) and prepare draft contract. 4. We obtain draft contract from your seller’s solicitors with copy Land Registry documents or copy title deeds.
5. We send out draft contract and completed enquiry forms to your buyer’s solicitors. 5. All necessary searches are put in hand once we have received the contract and a plan of the property.
6. We deal with any other enquiries which are received from your buyer’s solicitors. 6. We raise any extra enquiries thought necessary after examining the contract documents and replies to searches.
7. We continually chase your buyer’s solicitors to establish receipt by them of your buyer’s mortgage offer, replies to any searches made by them and (if appropriate) progress on your buyer’s own sale. 7. We liaise with your proposed lender (if any) regarding receipt of your mortgage offer and assist with any special conditions that may be imposed by the offer.

When all of the above matters have been dealt with, then assuming that all parties in the 'chain' are ready to proceed we endeavour to liase with you and the other parties involved as to agreement of a completion (moving) date. At this stage we would normally forward to you a comprehensive package of documents for you to look through and sign. If you live near to one of our offices we can usually arrange for you to go through the documents with the member of our team who is dealing with your matter. You will have plenty of opportunity to raise any queries at this time, although if there is anything that you feel is urgent then please raise this with us as and when it arises.

AFTER EXCHANGE OF CONTRACTS
Exchange of Contracts should hopefully take place shortly after you sign the Contract, but please accept that particularly where there are several parties in the 'chain', this does take some coordinating. Once Contracts are exchanged you are legally committed to the move and you will be aware of a definite completion date (except in some instances where you are purchasing a new house). With knowledge of a definite date you can now make firm removal arrangements, contact the Telephone, Electricity, Gas & Water Companies for transfer of services and the Local Authority for Council Tax liability. PLEASE BE CAREFUL if you make any of these arrangements before Exchange since at this point the date will not be certain.

As your Solicitors, we continue to act as follows:-

YOUR SALE YOUR PURCHASE
1. We receive, and approve, the final documents of transfer. 1. We prepare the final legal documents of transfer and mortgage.
2. We deal with any final questions from the buyer’s solicitors. 2. We carry out final pre-completion searches, which can only be done at this late stage.
3. We obtain a settlement figure for any existing mortgages you have on your property. 3. We prepare a report to send to your proposed lender and request the mortgage money. Please note mortgage lenders often insist on at least FIVE working days notice.

We will prepare a financial statement for you, and if this shows that there is a balance due (including our own costs, Land Registry fees, Stamp Duty etc.) then we will ask you to provide us with this sum at this time. It would be much appreciated if, in order to save time, this could be in the form of a Building Society cheque or Banker's Draft.

COMPLETION (MOVING) DAY
On this day we receive the monies on your Sale from your Buyer's Solicitors and hand over the deeds. Then, after the Sale has been completed, we pay the monies over on your Purchase and receive your new Deeds. Often, and particularly where there is a 'chain' of transactions involved, the Sale & Purchase may not be completed until lunchtime on completion day. Your keys should therefore be available from approximately 2.00p.m. Could we perhaps suggest that you contact us towards midday to establish the progress of the transactions when we will be happy to advise you on such matters as handover / collection of keys.

After Completion, we deal with formalities with the Inland Revenue and register your ownership of the new property at H.M. Land Registry. Ultimately, your new deeds will be forwarded to your new Lender or, if you don't have a Mortgage, then we will receive them. We can retain them for safe keeping (free of charge) in this instance if you wish.

SURVEYS & FINANCIAL ADVICE
We are always happy to advise you on the various types of survey available, from the usual Mortgage Valuation (if appropriate) through to a House Buyer's Report and Structural Survey.

IN SUMMARY

At Penmans we endeavour to provide a high quality service conducted by experienced and qualified conveyancers. We hope the above summary will assist you in your move and remove some of the confusion that often surrounds the legal process.
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Solicitors granted professional status in the UK and regulated by the Regulation Authority