Buyers Guide
Moving home is often a stressful and nerve-wracking time for people. More
often than not it is because buyers and sellers do not know what the procedure
involves and are kept in the dark by their solicitors.
Here at Newmans believe that transparency and well-informed
clients are the key to a successful solicitor-client relationship and so
we have created the following step-by-step guide to help you understand
and follow the process you and your solicitor will be involved in:-
BUYERS
- Instruct your solicitor
- Receive a client care letter from your solicitor confirming your instructions and
setting out their fees and requesting any paperwork they need from you
including proof of ID
- Solicitor receives a sales memorandum from the estate agent detailing
information (price etc.) about the property
- Solicitor receives HIP from seller's solicitor
- Solicitor receives a draft Contract plus other documentation from
your seller’s solicitor and goes through this carefully raising “enquiries” on
matters arising from the paperwork and searches
- Seller’s solicitors respond to the “enquiries” raised
- Your solicitor raises further “enquiries” until all “enquiries” are
satisfactorily answered by the seller’s solicitors
- Your solicitor amends and approves the draft Contract and submits a
draft Transfer Deed for approval by your seller’s solicitor along
with completion “requisitions” (these are questions such
as bank details of where to send the completion money to; where to go
to collect the keys to your new property on completion day etc.)
- Your solicitor receives the final form of the contract and answers
to completion “requisitions” from the seller’s solicitor
and reports to you with all the details uncovered in the “enquiry” process.
If you are happy you will now be able to sign the Contract, send the
deposit monies to your solicitor and instruct him/her to exchange Contracts
- Exchange of Contracts. The completion date is now set
- Your solicitor will send your signed part of the Contract with your
deposit to the seller’s solicitor and will receive the seller’s
part of the Contract
- Your solicitor will apply for final searches
- Your solicitor will prepare and send you the Stamp Duty Land Transaction
Return to sign and will arrange final funding with you so that he/she
is in cleared funds by completion date. Your solicitor will also by now
have asked you to ensure that you have buildings insurance in place to
start on the completion date and if you are taking out a mortgage you
will have signed the mortgage deed and your solicitor will submit the “Certificate
of Title” to your lender to request release of mortgage funds
- Completion. Your solicitor sends the purchase money to the seller’s
solicitor and once this money has been received the seller’s solicitor
authorises the estate agent to release the keys to the property to you
- The seller’s solicitor sends the signed Transfer Deed to your
solicitor with all other deeds to your property
- Your solicitor will send the Stamp Duty Land Transaction Return with
your stamp duty fee to HM Revenue Customs for stamping
- Your solicitor will receive confirmation that stamping is complete
and will apply to Land Registry for your title to be registered
- Once your title is registered your solicitor will report to you with
your title deeds and the buying process is now complete
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