Conveyancing Guide to Buying & Selling Property

The start of the sale and purchase conveyancing process - your offer on a your chosen purchase property is formally accepted by the current owners and you accept an offer made by potential buyers on your sale property.

You will need to:

  • Get Conveyancing Quotes for your Sale and Purchase
  • Choose Conveyancing Solicitors or Conveyancers to act on your behalf in your sale and purchase
  • Instruct a surveyor or pay for your mortgage valuation on your purchase property
  • Pass your conveyancing solicitors details onto your mortgage lender and the estate agents selling your property and the estate agents where you have found your new purchase

Your conveyancing solicitors will:

  • Give you a conveyancing quote for your sale and purchase
  • Open your sale and purchase conveyancing files and send your client care information and conveyancing protocol documents for your sale
  • Receive confirmation of your purchase from the estate agents
  • Receive confirmation of your sale from the estate agents

You will need to:

  • Reply to your conveyancing solicitors client care information
  • Complete and return the conveyancing protocol documents to your conveyancing solicitors
  • Provide Identification, Information and usually make a payment on account

Your Conveyancing Solicitors will:

  • Carry out any client due diligence checks in relation to your identity
  • Receive and check the conveyancing protocol forms completed by you in relation to the sale
  • Request the title deeds from your current mortgage lender (where appropriate)
  • Request an initial redemption statement from your current mortgage lender (where required)
  • Confirm instructions and request a contract from the seller’s conveyancers
  • Confirm instructions with the estate agent for your purchase
  • Confirm instructions with the buyer’s solicitors
  • Request and obtain a copy of the Home Information Pack for your sale
  • Request and obtain a copy of the Home Information Pack for your purchase
  • Check and provide a copy of the Home Information Pack to you for your purchase
  • Where required check and report to you on any additional searches required for your purchase
  • Receive the Contract and supporting documents from the Sellers Conveyancing Solicitors

You will need to:

  • Read and respond to any requests for instructions or information from your conveyancing solicitors
  • Make sure your mortgage has been applied for (where required) and ensure your application is being progressed by your chosen lender
  • Provide a copy of the survey result or mortgage valuation to your conveyancing solicitors
  • Provide any legal documents to your conveyancing solicitor that you hold for the sale property
  • Check the copy redemption statement for your current mortgage lender forwarded to you by your conveyancing solicitors

Your Conveyancing Solicitors Will:

In relation to your property purchase:

  • Receive a copy of the survey or mortgage valuation report
  • Check the Contract and Title to the property
  • Carry out any additional searches required
  • Raise appropriate Preliminary Enquiries before Contract with the seller’s solicitors
  • Report on and send to you the Contract, conveyancing information and seller’s completed protocol forms and search results
  • Receive a copy of the formal Mortgage Offer from your new mortgage lender (where appropriate) and ensure compliance with these formal instructions
  • Report to you on the formal Mortgage Offer
  • Prepare and send to you the formal Mortgage Deed
  • Where appropriate prepare and send to you the Stamp Duty Land Tax return as required by the Inland Revenue on all purchase conveyancing transactions
  • Prepare and forward a draft Transfer Deed to the buyer’s conveyancing solicitors and to you where appropriate

Your Conveyancing Solicitors Will:

In relation to your property sale:

  • Draft the formal conveyancing Contract for the sale
  • Provide a copy of the Home Information Pack to the buyer’s conveyancing solicitors
  • Send a copy of the Contract along with the conveyancing protocol forms to the buyer’s solicitors for approval
  • Send a copy of the conveyancing contract to you along with a report for signature and return
  • Chase the buyer’s solicitors for any Preliminary Enquiries they may wish to raise
  • Receive Preliminary Enquiries Before Contract from your buyer’s conveyancing solicitors
  • Send a copy of the Preliminary Enquiries to you for the sale property for your replies

You will need to:

  • Read all reports carefully
  • Raise any issues on the reports provided with your conveyancing solicitors
  • Provide any instructions requested to your conveyancing solicitors
  • Sign the conveyancing Contract and return to your conveyancing solicitors for your purchase
  • Sign the conveyancing Contract for your sale property and return to your conveyancing solicitors
  • Provide replies to the Preliminary Enquiries appropriate to you for your sale property
  • Formally execute (sign in the presence of a witness) the Mortgage Deed (where appropriate)
  • Formally execute the Transfer Deed for your purchase(where appropriate)
  • Check, sign and return the Stamp Duty Land Tax return (where appropriate)
  • Ensure all documents are returned to your conveyancing solicitors
  • Keep in mind the date you wish to complete and make sure you have any removal arrangements in hand

Your Conveyancing Solicitors will:

  • Receive and check your signed and returned documents
  • Chase replies to the Preliminary Enquiries before Contract from the seller’s solicitors in relation to your purchase
  • Request, chase and obtain and documents requested by your buyer’s solicitors in relation to your sale
  • Ensure all Preliminary Enquiries raised by the buyer’s solicitors in relation to your sale are answered
  • Ask you for instructions regarding exchange of contracts and completion of your sale and purchase
  • Receive and check replies to the Preliminary Enquiries raised with the seller’s solicitors in relation to your purchase
  • Report to you on the replies to Preliminary Enquiries Before Contract in relation to your purchase
  • Raise any additional Enquiries required with the seller’s solicitors in relation to your purchase
  • Reply to any additional Enquiries raised by the seller’s solicitors in relation to your sale
  • Chase and receive replies to any additional enquiries as necessary and resolve any remaining legal issues
  • Send you a request for the deposit monies you are paying towards the purchase if not being funded by the deposit received on the sale

You will need to:

  • Ensure you are satisfied with all the information you have received regarding your purchase property
  • Ensure you have provided all required replies to enquiries in relation to your sale property
  • Make sure you have signed and returned all required legal documents
  • Send your deposit monies from your bank account to your conveyancing solicitors client bank account (only where requested)

Your conveyancing solicitors will:

  • Receive any outstanding documents or information
  • Receive your deposit for the purchase or use the sale conveyancing deposit for the purchase deposit
  • Check your instructions regarding the date you would like to complete (hand over the sale property keys and obtain the keys to your new property)
  • Exchange Contracts on both your sale and purchase

Exchange of Contracts ensures that all parties are legally bound to the conveyancing transaction and sets the legal completion date – you will hand over the keys to the property you are selling and obtain possession of the purchase property and the keys for your new property on the legal completion date

Important - Once exchange of contracts is confirmed make sure you firm up any removal arrangements you have made on a provisional basis

Your conveyancing solicitors will:

  • Send your signed part of the purchase Contract to the Seller’s conveyancing solicitors
  • Send your signed part of the sale conveyancing Contract to the Buyer’s conveyancing solicitors
  • Receive the Sellers signed part of the Contract
  • Receive the Buyer’s signed part of the Contract
  • Ensure the Transfer Deed is agreed and if necessary provide a copy for execution by you (if not dealt with previously) for both the sale and purchase
  • Ensure the seller’s solicitors have provided replies to Requisitions on Title
  • Provide replies to the buyer’s Requisitions on Title
  • Provide a completion statement (financial statement) to you detailing all costs charged and incurred during the course of the sale and purchase conveyancing process
  • Request any final balance from you to be deposited in the conveyancing solicitors account in time for the legal completion date
  • Request your new Buildings Insurance Details (where a mortgage is being used to fund your purchase)
  • Submit the Certificate of Title to your new mortgage lender for release of the mortgage monies in time for legal completion date (where appropriate)
  • Carry out the final conveyancing searches required
  • Deal with any outstanding issues resulting from the conveyancing searches undertaken
  • Obtain a copy of the Estate Agents account for your sale property
  • Provide a copy of the Estate Agents account to you for approval

You will need to:

  • Ensure you have signed and returned all legal documents to your conveyancing solicitors (or in some instances your mortgage provider)
  • Provide your Buildings Insurance Details to your conveyancing solicitors (where requested)
  • Send the balance money required to complete to your conveyancing solicitors in time for completion
  • Make sure you have confirmed all appropriate removals arrangements where required
  • Approve the Estate Agents account and confirm this to your conveyancing solicitors
  • Make sure you have checked a copy of the redemption statement for your current mortgage (where appropriate)

The Legal Completion Date

Your conveyancing solicitors will:

  • Receive the sale monies from the buyer’s conveyancing solicitors
  • Send a same day bank transfer payment to the seller’s conveyancing solicitors to pay for your new property
  • Chase the funds with the seller’s conveyancing solicitors until confirmation of receipt is given
  • Instruct your Estate Agent (or you) to release the keys for the sale property to your buyers
  • Ensure the keys are released to you on your purchase property as soon as funds are confirmed
  • Formally confirm legal completion with the seller’s solicitors and request any title deeds, documents and the seller’s signed Transfer Deed for registration purposes
  • Formally confirm legal completion with your buyer’s solicitors and send to them any title deeds, documents and your signed Transfer Deed for the sale property
  • Pay your estate agent fees
  • Send a same day payment to your mortgage lender to redeem your current mortgage (where appropriate)
  • Prepare and send formal discharge documents to your current lender

You will of course move out of your sale property (or hand over possession if you do not live there) and move in to the property you have just bought) (or take possession of your new purchase) on the legal completion date.  Your conveyancing solicitors will continue with the post-completion legal conveyancing work for you.

Post Completion

Your Conveyancing Solicitors will:

In relation to your purchase:

  • Submit your signed and completed Stamp Duty Land Tax return to the Inland Revenue
  • Receive the formal Certificate issued by the Inland Revenue for registration purposes
  • Receive and acknowledge the seller’s signed Transfer Deed and any deeds or documents from the seller’s conveyancing solicitors
  • Prepare and submit the formal application for registration to the Land Registry in order to register the property in your name
  • Prepare and submit the formal application for registration to the Land Registry in order to register the new mortgage as a charge (where appropriate)
  • Chase up and ensure receipt of confirmation that the seller’s previous mortgage has been fully repaid
  • Receive the completed application for registration back from the Land Registry
  • Provide a copy of the new title register to you confirming your new ownership of the property
  • Send any outstanding documents and deeds relating to the property to you for safekeeping
  • Check the financial ledger on the file to ensure it is clear
  • Close the purchase conveyancing file
  • Store your purchase conveyancing file for the next 5 years as required under our professional rules

Your Conveyancing Solicitors will:

In relation to your sale:

  • Chase your former mortgage lender for receipt of formal mortgage discharge documents
  • Obtain a formal receipt of fees from your estate agents for the sale property
  • Chase and obtain formal confirmation of discharge from our undertaking given to the buyer’s solicitors in regard to any mortgage for the sale property
  • Check the financial ledger on the sale file to ensure it is clear
  • Close the sale conveyancing file
  • Store your sale conveyancing file for the next 5 years as required under our professional rules
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