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Conveyancing
Conveyancing is the necessary process in the transfer of the legal title of a property or a piece of land from one person to another.
Conveyancing can be carried out either by a conveyancing solicitor, who is a solicitor experienced in property law and the legal process associated with conveyancing or a licenced conveyancer. A professional conveyancer or solicitor are both legal professionals and will offer help with the settlement and title transfer process by ensuring that their client is meeting all their legal obligations and that their client’s rights are protected during this transaction. Both buyers and sellers will need to use the services of a conveyancing professional, because both sides will have certain obligations that they must fulfil in the transfer of the legal title
Accreditation for solicitors, is through the Quality Conveyancing Scheme, run by the SRA (Solicitors Regulation Authority) and for licensed conveyancers, it’s the CLC (Council for Licensed Conveyancers).
Modern technology dictates that your conveyancer does not need to be local to you, however, the process of buying and selling a house is different in Scotland, so you should choose a solicitor or conveyancer experienced in the Scottish legal system if the property is north of the border.
There are normally two stages to the conveyancing process – the first leading to the exchange of contracts, the point at which the terms of the deal are fixed, and the second culminating in the completion, where the legal title passes.
Exchange of Contracts
It is best to engage with a conveyancer as soon as you agree a purchase price. The details of both the buyers and sellers’ conveyancers will then be exchanged by the estate agent.
Your conveyancer will then receive an agreement to sell, along with information regarding the property itself and the fittings and contents being left as part of the sale. They will also receive the property title and a copy of the lease if appropriate.
During this part of the process, your offer to purchase will have been formally accepted and a mortgage offer will have been received and a property survey should be instigated.
At this stage the conveyancer will carry out a number of required searches. These searches will provide essential information about the property, including but not confined to; the property boundary, rights of way, planning constraints or permissions, disputes and land contamination.
Having completed the required searches and been satisfied that all is in order, your conveyancer will now discuss a completion date, arrange an exchange of contracts and pass over your deposit
Having exchanged contracts and paid the deposit you are legally committed to proceed with sale or purchase the property.
Completion
Completion is when the sale is finalised and the property is transferred to the new legal owner. Your conveyancer will ask for your finances from the mortgage lender, pay over the balance of the sale price and receive the signed Transfer Deed as well as proof that there are no outstanding mortgages on the property.
Identifying the cost of conveyancing can be quite difficult as some transactions are more complex than others. Using this website will instantly give you an initial set of estimated fees together with the associated contact details. You will then be able to talk directly to experts and obtain more detailed quotations to address your specific requirement.
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