Overview of the Conveyancing Process

The table below sets out in brief the most relevant stages of the Conveyancing Process. This is to be used simply as a guide so that you are able to recognise at all times the stages in the transaction which have been reached.

Please use this table only as a point of reference as there are a number of additional matters/stages which may arise.

Should you have any questions throughout the process, please do not hesitate to contact us so that we can provide you will a full update as to the progress of your matter.

Seller’s Solicitor

Both Solicitors

Buyer’s Solicitor

Take instructions, including dealing with all regulatory requirements such as verification of Identity and obtaining completed client care packs from their respective clients.

Obtain copies of the Title from the Land Registry, investigate the same and then provide evidence of the seller’s Title to the Buyer. This is known as deducing Title and issuing the Draft Contract Pack to the buyer’s Solicitor.

This can only be done once the seller has returned what are known as the Protocol Forms.

The seller’s Solicitor will contact any current lender and obtain a redemption figure from them.

The seller’s Solicitor will also investigate and entries on the Title such as other charges or restrictions which may need to be complied with to effect the transfer.

If a Leasehold Property, the seller’s Solicitor will obtain a completed Leasehold Property Enquiries Form from the Landlord which will be handed over to the buyer’s Solicitor prior to exchange for them to review.

Review the Draft Contract and Title documents upon receipt and raise any pre-contract enquiries of the seller which may be necessary.

It is at this stage that the property Searches are requested.

The buyer should also consider at this stage (if they have not done so already) to instruct a surveyor to carry out a building survey.

They buyer’s Solicitor should at this stage be in possession of the buyer’s Mortgage Offer (if applicable). This should be reviewed so that any requirements of the Lender can be raised and thereafter satisfied.

The replies to Leasehold Enquiries should have also been received at this stage by the buyer’s Solicitor and any necessary additional enquiries should be raised with the seller’s Solicitor.

The seller’s Solicitor will receive enquiries and take the seller’s instructions before responding to the buyer’s Solicitor.

The buyer’s Solicitor will review the seller’s replies to the enquiries raised. If the replies are satisfactory, then the transaction will proceed to the next stage. However, if the enquiries have not been answered or dealt with in full, then further enquiries will be raised.

Deal with any additional enquiries which may be raised by the buyer’s Solicitor.

Raise any further enquiries which may arise out of the Property Search Results and the seller’s replies to previous enquiries.

Report to their respective clients with the Contract and Transfer Deed for signature / execution.

The buyer’s Solicitor will also report on all documentation obtained during the course of investigations and will also report on the Title, any Mortgage Offer, Stamp Duty Land Tax Return and the Property Searches.

Seller will return the signed Contract and Transfer Deed to their Solicitor.

Buyer will return the signed Contract, Transfer Deed, Mortgage Deed and any other relevant documents to their Solicitor and they will also pay to their Solicitor the 10% deposit.

Notify the seller of exchange of Contracts.

The seller’s Solicitor will also notify the Estate Agent, if required.

Exchange of Contracts will take place. This will create a legally binding contract which neither party can normally withdraw from without incurring liability for breach.

Notify the buyer of Exchange of Contracts – The buyer must then ensure that the property is insured from that point.

Both parties will then prepare for Completion.

The buyer’s Solicitor will carry out bankruptcy Searches and ensure that a priority application is made at the Land Registry to protect the Transfer.

The buyer’s Solicitor will request any lender release funds for the completion date.

Transaction Completes

Seller’s Solicitor will redeem any charges on completion and provide evidence of discharge to the seller and the buyer’s Solicitor.

Buyer’s Solicitor submits the Stamp Duty Land Tax Return and thereafter lodges the application for registration at the Land Registry.

If a Leasehold Property, any relevant notices will be submitted to the Landlord.

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