Conveyancing is the procedure of transferring real estate from one party to another. It is a regularly used term in real estate transactions when buyers and vendors transfer ownership of real estate,which could be land,property,or a home.
The procedure involves a tool of conveyance which is usually a legal file such as an obligation,lease,title,or a deed. The file carries information which includes the agreed-upon purchase price,the date of actual transfer,as well as the obligations and responsibilities of both parties.
Conveyancing is usually done in two phases:
- The exchange of agreements; at which period all the terms of the deal are decided and,
- The completion of the deal where the legal title passes on to the buyer
Who Generally does Conveyancing?
Conveyancing is usually done by a legal representative known as a conveyancer. The conveyancer could be a lawyer,real estate lawyer or a licensed conveyancer. All lawyers are qualified to do conveyancing; but,not all of them have the involved experience.Most real estate transactions involve that a mortgage loan of some sort be taken out. As a result,mortgage loan lenders have a list of conveyancers whose services they would prefer.If you choose not to use a conveyancer from their accredited list,you may be involved to pay a fee to go somewhere else. If you do need help then get in touch with Chris Stevenson
What Exactly do Solicitors and Conveyancers Do?
When a lawyer or conveyancer gets their guidance from you,the following are the services you should expect from them:
They will conduct searches within organizations such as local authorities and utility companies. These searches are vital because they ensure that there are no plans afoot – such as building plans – on the land you intend to buy. They also reveal if there are any potential issues associated with the real estate,such as:
- Whether sewers are running close to the real estate
- Whether the area is categorised as a flood risk
- Whether unresolved financial liabilities are hanging over it from past inhabitants
Then,they will advise you of most likely costs you can incur,such as stamp duty. They will also check out the agreements drawn up by the solicitor or conveyancer of the other party.The agreement will include vital details like the price of purchase or sale. They will also liaise with your mortgage loan lender to ensure that they have all the information they need to proceed with your mortgage loan.
Your solicitor such as Chris Stevenson or conveyancer will register your ownership with the Land Registry as the new owner of the real estate if you are the buyer.
What Procedure does Conveyancing Follow?
The procedure of conveyancing occurs from two ends – the buyer’s end and the homeowner’s end. If you are the homeowner,the procedure is as follows:
- You instruct your conveyancer.
- Your conveyancer confirms your guidance through a letter which states the terms of business and the cost of fixed fees.
- Your conveyancer carries out a proof of identity check and gives you some forms to fill which will provide information about the real estate you are selling.
- Once you fill the forms,your conveyancer will need the title deeds or official copies of the title register and any other documents the Land Registry involves. You will also need to release details of any existing mortgage loan and the outstanding amount.
- Your conveyancer then prepares the draft agreement and any supporting agreement documentation to send to your buyer’s conveyancer. He or she also answers any pre-contract enquiries raised by your buyer.
- Once your buyer’s conveyancer expresses satisfaction with the results of their searches and the answers to their pre-contract enquiries,they confirm the receipt of a mortgage loan offer if any.
- You and your buyer agree on a fulfillment date,and you both commit to the deal legally. Your conveyancer will help you get a settlement figure to repay the outstanding amount on the mortgage loan if any. Your buyer’s conveyancer then drafts a transfer deed and sends to your conveyancer.
Your conveyancer then checks the transfer deed,ensures that all is in order and sends it to you to sign,thus signaling the completion of the deal.As a buyer,the conveyancing procedure is the same as your conveyancer looks out for your interests in the procedure outlined above.
Can I do my Own Conveyancing?
The short answer is yes; you can do your conveyancing yourself. You shouldn’t do so,especially if you are buying real estate. If you are buying with a mortgage loan,or selling to somebody who is purchasing with a mortgage loan then you will not be permitted to handle the deal yourself. Lenders have this rule to safeguard their own interests as specialist conveyancers have specialist indemnity insurance.
Conveyancing is a complicated and time-consuming procedure. It is also a risky business as it could turn disastrous in the blink of an eye. It is a detail-oriented procedure and one which could hurt you if you miss an essential detail that only becomes apparent after you complete the deal.Have you ever heard of ‘caveat emptor’? It is a common law principle which means ‘let the buyer beware’,and it applies to real estate in the United Kingdom.
Thus,if you do the conveyancing yourself and a controversy pops up,you have no recourse against the homeowner. The sad truth is that in some cases,vendors do not have the legal right to sell the properties they are marketing. With a licensed and experienced conveyancer,you can avoid this pitfallby calling Chris Stevenson