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Conveyancing FAQs
Conveyancing is the legal name used for selling and buying a property.
Solicitors, Licensed Conveyancers and Legal Executives specialise in the legal process of selling and buying a property. A conveyancer will go through the legal process to transfer property ownership from one person to another.
The freeholder of a property owns it outright, including the land it's built on. If you buy a freehold, you're responsible for maintaining your property and land, so you'll need to budget for these costs. Most houses are freehold but some might be leasehold – usually through shared-ownership schemes.
You only own a leasehold property for a fixed period of time. You'll have a legal agreement with the landlord (sometimes known as the 'freeholder') called a 'lease'. This tells you how many years you'll own the property. Ownership of the property returns to the landlord when the lease comes to an end.
This will depend on if it’s leasehold or freehold property, along with many other variables i.e. mortgage offers and searches etc.
If you would like more information about your individual conveyancing process, then please don't hesitate to contact our offices today.
Searches' or 'property searches' are completed by your solicitor. They work with the local authority (and other organisations) as part of the home-buying process. They use these to find out any information about the property. As well as any local development plans that may affect the home you plan to purchase.
As soon as a sale or purchase has been agreed on a property you will need to instruct a conveyancer to initiate the process. The Estate Agent will then prepare a Memorandum of Sale which will contain all the relevant details and contacts of all parties involved in the matter and will distribute amongst them.
If you have sold through an Estate Agent, they may recommend a solicitor to you however it’s always best to ring around for quotes and conduct your own research to find a firm that is suitable for your needs.
It’s not always best to go with the cheapest quote, you may find it beneficial to look at Google reviews before deciding.
In recent years there has been an increase in ‘factory conveyancing’ firms which are volume based and lack the personal service that a smaller firm may provide.
The exchange of contracts is when both parties swap and sign the contracts. This is the point where you as the buyer will be asked to put down your deposit. This is a crucial stage of buying a home and is legally binding. If you pull out after exchanging, you will lose your deposit and legal proceeding could be issued.
Completion is when both parties hand over the keys to the property and you can move into the property.
For more information on purchasing and selling a property please contact one of our conveyancing experts on 0121 686 9444 or 01543 386 982.