specialist solicitors
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Experts say that buying or selling a home is one of the three most stressful things you can do. Some people do find it traumatic, whether they are a first time buyer or an existing property owner. At Wards, helping clients move home is a key part of what we do and our team of qualified and experienced lawyers aim to make the process as painless as possible for you. We believe that expertise, speed and communication are vital to any residential conveyancing service and - according to our survey of clients - 95% of them are satisfied that we provide this. You will find that we are readily available by phone, email or fax and, to speed up the process, we carry out many of our legal services and investigations online. To calculate our charges for a property sale or purchase, click here for an estimate. Outlined below is a handy guide, which provides you with useful, plain English explanations of the sales and purchase process and, hopefully, answers some of your questions. You may also like to look at our tips for choosing a solicitor. And our guide to registering your property title. Who should I contact? Alternatively, click here to find an office local to you. Selling your home 2. You then need to instruct an estate agent, find a buyer
and agree a price for your property. The ideal buyer is someone
who has no property to sell and does not need a mortgage but
this rarely happens, so check the position your buyer is in. 4. The buyer's conveyancer may then ask questions about the information provided. We use our own specially drafted information forms to provide as much information as possible, and to eliminate common enquiries. However, with your assistance, we then reply to any questions and continue to do so until the buyer's conveyancer is satisfied. 5. Once the buyer has a written mortgage offer, their search results and are happy with the replies to their questions, the buyer's conveyancer will usually arrange for the buyer to sign their part of the contract. We will also ask you to sign your part of the contract in readiness.
6. We are then ready to exchange contracts but if there is a chain involved, we may have to wait until everyone is ready.
8. On the completion date, we receive the sale money by bank transfer from the buyer's
conveyancer. On receipt we authorise your estate agent to give the house keys to the buyer. You will usually need to have moved out by midday on the day of the move, depending on the number of properties in the chain.
Buying a home 2. You may need to arrange a mortgage. Remember, when working out your budget that, in addition to the mortgage lender’s fees, you will have to pay solicitors’ costs, government expenses and other costs. We can assist with mortgage recommendations, if required. 3. As part of your mortgage offer, your lender will insist
that a valuation is carried out on the property. But it is
a good idea to pay for a more detailed structural survey,
which will tell you if there are any existing or potential
problems and whether any building work needs to be carried
out. If so, you may wish to negotiate a price reduction.
We can assist with
recommendations, if required. Home Information Packs are now required by law for properties with any number of bedrooms. Wards can help. We provide HIPs and Energy Performance Certificates at competitive prices. Contact us for details. See our guide for the latest full information on HIPs. Your questions answered What are the ‘Information forms’? There are usually two forms to be completed but more for flats and leasehold property. One relates to fixtures and fittings to be left at the property. Fixtures are assumed to be included in the contract unless you specify otherwise. Fittings (such as carpets and curtains) are not assumed to be included. The other contains general property information. We use our own specially drafted information forms to provide as much information as possible, and to eliminate common enquiries. What is a ‘mortgage offer’? This is a written document offering to lend you money. It is only supplied when your lender has taken up references and had a surveyor's valuation report. The offer may not be made until various matters raised in the report have been sorted out, e.g. timber treatment. What are the ‘searches’? We will make the necessary searches, for example, with the Local Authority, the Coal Authority, the water company or for an environmental search. They give us information such as planning permissions, whether adjoining roads are maintained by the Council, or whether a property could be at risk from old mine shafts which might cause subsidence. Not all these searches will be required for every transaction but key ones are required by your mortgage lender. What is ‘exchange of contracts’? This is the point at which you are legally bound to sell or buy the property on a certain date. You are now committed and if either you or the seller pull out or delay completion, you will have to pay a heavy financial penalty. If you are buying, your deposit is paid to your seller's solicitor. What is ‘completion’? When contracts are exchanged a completion date is fixed. If you are buying a brand new property completion will occur within a specified time of the property being finished by the builders. On completion, you become the legal owner of the property and can move in. You are now responsible for all bills and your mortgage payments. On completion day, you can collect the keys when the seller's solicitor has told the estate agents that they have received the money from us. This may well be lunchtime or later, depending on the number of properties in the chain. When do I give you the ‘deposit and how much is it? Before exchange of contracts you will need to give us a cheque for 10% of the purchase price. This can be agreed at 5% in special cases. If you are selling we can often use the deposit from your sale. A deposit may be lost if you fail to complete a purchase. What is ‘Stamp Duty? Stamp Duty is a government tax which has to be paid by buyers. The amount payable is based on the value of the property. How long will it all take? The whole process usually takes 8 to 13 weeks. But it may take longer if problems arise or a number of buyers and sellers are involved (a "chain"). Some lenders take a long time to issue mortgage offers, which we need before exchange of contracts. Some searches can also take a while to obtain. When should I book my removers? From the outset either buyer or seller may have moving dates in mind. But the reality is that a moving date is only fixed on exchange of contracts, so you should not finalise your removal until contracts have been exchanged. What will it cost? Our charges are based on various factors, including the value of the property and the complexity of the matter. We are always happy to provide estimates by telephone or you can use our online quotation system to get an estimate. Click here for an estimate. When do I pay your bill? We ask you to pay our invoice before completion, plus give us the money to pay any stamp duty and registration fees, as we are required to do by your lender. Are there any other issues I should be aware of? Buying a property can be a major step for some clients and we would also advise you to consider making a Will, especially if you are a first time buyer. If you have existing wills in place, you may still need to review your existing will. In addition we can help with the preparation of Declaration of Trusts, where joint owners need to prepare an agreement reflecting their joint ownership arrangements. After the sale has been completed, there may well be surplus funds available. Wards can offer tax advice and we can also put you in touch with qualified independent financial advisers who are well placed to help you to obtain the maximum benefit from the proceeds of your sale.
Contact us
Bristol City Council (housing section):
www.bristol.gov.uk
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