This is our inside guide to property conveyancing, that tricky process where a property gets legally transferred from one owner to another.
You can do this yourself but it’s often complex and laborious so we’d advise leaving it to the professionals, that way you’re covered by their insurance, should anything go wrong.
If you’re worried about cost or finding the right solicitor who can reduce the risk of the deal falling through, get in touch with us and we’ll connect you with a legal professional from an approved panel.
Conveyancing goes in stages and its work sticking with us, so you understand the whole process. Trust us, the more you know, the less stressful it will seem. Let your solicitor know and give the selling agent your solicitors details. The estate agent will give your solicitor a memorandum of sale which includes details of the property, the agreed price, any special terms and the seller’s details.
Assuming you need a mortgage, tell your financial advisor so they can start the application process.
Legal stage 1 is what happens before you exchange contracts.
Your mortgage company will carry out a valuation and you might also have a survey done on the property. You can find more information on surveys here so do check that out. Meanwhile your solicitor works on the draft contract and will send you a property information form plus a fixtures, fixtures and contents form for you to check. Behind the scenes your solicitor will be busy checking local searches with the council and asking the sellers solicitor about boundaries, planning permission, building applications, neighbour disputes and so on. Once this is all done, a completion date is set.
By now you should have your formal mortgage offer in writing, so things are ready to start moving.
Legal stage 2 is exchange of contracts
Exchange of contracts
This simply means your solicitor gives you the mortgage deed and deed of transfer to sign. The these go to the seller’s solicitor and hey presto, contracts have been exchanged.
At this stage your deposit is sent to the seller’s solicitor and your solicitor will give you a completion statement showing you everything you need to pay on completion, including legal fees, land registry and stamp duty.
Finally, legal stage 3 is completion
Your solicitor is in charge of transferring your mortgage money to the seller’s solicitor. The final paper work such as title deeds and transfer documents can go to you, or you can ask your solicitor to hold them on file for when you come to sell. Although, if you have a mortgage, then the mortgage company will probably ask to hold them. The solicitor registers you as the new owner with the land registry and lets your mortgage company know.
Crack open the champagne; you have a new home!
For more information on anything to do with buying or selling property, don’t hesitate to get in touch with us email@example.com or call us on 0131 608 0175.
Andrew MacKenzie is a qualified Chartered Surveyor with over 20 years’ experience within the Scottish Property market. He specialises in all types of residential valuations including Home Reports, Private Valuation reports and Development Appraisals.
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19:27 03 Oct 23
19:11 09 Jul 23
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10:47 16 Mar 23
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