What is conveyancing?
Answer
Conveyancing is a legal term used to describe the legal transfer of property ownership from one person to another. The conveyancing process is handled by a conveyancer, which is usually a solicitor or licensed legal conveyancer.
The term as we know it typically relates to buying and selling houses. The conveyancing process involves multiple stages, from accepting an offer from a buyer to transferring the title deeds of the property into the buyer’s
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When should I instruct a conveyancing solicitor?
Answer
When selling, Instructing before you have found a buyer gives your conveyancer the chance to review all the paperwork relating to your property in advance.
When buying a property, you will need to instruct a conveyancer as soon as an offer has been accepted, as all parties will now be requesting this information.
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Are all payments under Settlement agreements tax free?
Answer
No. Normally you can receive a termination payment of up to £30,000 tax free. However, this does not apply to payments arising out of your contract such as salary, bonuses, payment in lieu of annual leave or other benefits.
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Why do you need to verify my ID?
Answer
Solicitors have a duty under money laundering regulations to verify the identity and help stop criminal activity.
There are also similar obligations in respect of identity verification for the Land Registry and mortgage lenders
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Why do you need to verify where my money is coming from?
Answer
Within excess of 4 billions pounds of fraud in conveyancing per year, Solicitors have to carry out anti-money laundering checks in every transaction to ensure the funds are coming from a legal and legitimate source.
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What is a conveyancing chain?
Answer
A conveyancing chain is where there is more than one buyer and seller in the process of buying and selling a house. This means that the property completion is dependent on the other parties to the chain.
For example, you are selling your house to someone (the buyer) and that person is also selling their house, and the person buying their house is also selling their house, and so the chain continues. All parties are connected to each other within the
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What Are Disbursements?
Answer
Disbursements are payments made by your solicitor to others, such as stamp duty, land registry fees and search fees.
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What are property searches?
Answer
Conveyancing property searches are essential information regarding the property you plan to buy.
There are three searches that are normally arranged by the solictior on your behalf.
Local Authority Searches - Information from the local council, for example if the property is affected by a planning enforcement notice.
Environmental Search - To determine whether the land will be contaminated.
Water Drainage Search - To ensure that your property is connected to mains water,
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Do I have to have property searches?
Answer
No. It is highly recommended that searches are carried out on any potential purchase and often a requirement for obtaining a mortgage.
If you are purchasing a property without a mortgage as a cash buyer, then you will have a choice on whether to conduct these searches, but may be required to sign a waiver.
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Do I need a survey when buying?
Answer
It is not legally required for you to have a survey done when buying a house, however, it is advised that you have one to avoid unexpected costs or other surprises.
If you are applying for a mortgage on the property, then your mortgage lender will do a valuation on the property which may also include a survey. This is because they want to ensure that the property is structurally sound and that they are not taking a risk by lending you money.
The mortgage lender
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When should I apply for a mortgage?
Answer
Mortgages tend to take around 18 to days from application to acceptance. We would recommend moving from an agreement in principle to a full mortgage application as soon as you have an offer accepted.
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How much is Indemnity Insurance?
Answer
The price of an indemnity policy can very depending on what it is protecting you against.
The one-off cost of a policy to make up for a lack of FENSA certificates for new windows is approximately £20, but policies covering missing building work certificates can cost several hundreds.
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What does 'Exchange Of Contracts' mean?
Answer
Exchange of contracts means the transactions has become binding. On exchange of contracts the completion date (moving date) is confirmed. Contracts are exchanged between solicitors. You do not need to be present for us to exchange contracts.
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How long will my transaction take?
Answer
For a sale or purchase the average time between instructing your solicitor and moving in is 10-12 weeks but transactions can only proceed as quickly as the slowest person in the chain.
A remortgage or transfer of equity can take between 1 and 2 months but generally quicker if you are remortgaging with the same lender
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I need to complete quickly - can you guarantee me a timescale?
Answer
In short, no, a quick sale cannot be guaranteed because it is dependent on many factors.
In 2022, the average time it takes to go through the buying and selling process is 18 weeks, but this is if everything goes smoothly.
Be aware that timelines can change depending on the circumstances of the buyer and the seller and that conveyancing issues can pop up and prolong the process.
It can take around 4-12 weeks once the terms of the purchase/sale
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What are licensed conveyancers?
Answer
Specialist lawyers known as "licensed conveyancers" were introduced in the 1980's to meet the increased housing market demand.
Licensed conveyancers are qualified lawyers who deal exclusively with property law
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How soon do I need to pay any money?
Answer
For each type of conveyancing transaction, you may be asked to pay a deposit on account to start the process, this will cover any initial disbursements and will offset your final balance.
The balance of the price and the conveyancer's cost, as well as any additional charges, will be payable shortly before completion.
If you are borrowing more than 90% of the purchase price then you may be required to pay prior to the exchange of contracts
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Do I still need to pay legal costs if it all falls through?
Answer
You are responsible for all legal costs up to the point of the transaction falling through.
In some of our transactions we offer peace of mind via an Abortive Matter Indemnity Fee (AMIF) at a cost of £75+VAT which covers all your legal fees.
One of our team would be happy to discuss this in more detail.
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What is simultaneous exchange and completion?
Answer
In a simultaneous exchange and completion, the two take place on the same day.
The exchange and completion of the contract on the same day you intend to move will likely lead to some confusion because a contract does not become legally binding until it has been exchanged.
As such, if you are exchanging and completing on the same day you will not have a binding contract in place until the day you are due to move in.
Sometimes simultaneous exchange and completion
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Can I protect the deposit I pay into the house if I'm not married?
Answer
Yes, there are ways in which you can protect your share in a property especially when you are paying in different amounts. A Declaration of Trust can protect your share if you were to separate and sell later or you can protect your share by owning the legal title in a specific way.
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Are GloverPriest Solicitors regulated for conveyancing?
Answer
Yes. We are SRA Regulated and Law Society Conveyancing Quality Scheme Accredited. The CQS scheme gives customers peace of mind during property transactions and ensures the solicitors meet their strict guidelines.
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Why do I need a conveyancing solicitor?
Answer
A conveyancing solicitor handles the legal transfer of property ownership from one person to another. This is known as the conveyancing process.
People instruct conveyancing solicitors when they are buying or selling a house to deal with the legalities of the transaction.
The job of the conveyancer is to keep you updated on the progress of the purchase or sale and to act on your behalf throughout the conveyancing process to ensure that everything is done
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What documents do I need for conveyancing?
Answer
The documents that your solicitor will ask for in the conveyancing process will be dependent on whether you are buying or selling the property.
Firstly, for both parties, solicitors will ask for proof of identification which will include a passport or driving licence and proof of address.
The documents needed when buying a house include proof of funds and a mortgage offer. For proof of funds, you will need to provide bank statements to show that you have the required
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What should you ask a conveyancing solicitor?
Answer
When you instruct a conveyancing solicitor there are a number of questions that you should ask. Since there are many conveyancers and conveyancing solicitors around, it is important that you choose one that is right for you and that is part of a regulatory body so that you can trust them as a reliable company.
Some important questions to ask include the following:
How much will you charge?
Is your fee a fixed fee?
How much will it costs if the
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What is a remortgage?
Answer
A remortgage is the process of applying for a new mortgage with a new lender for your current home.
Usually, people would apply for a remortgage on their house when looking for a better interest rate than they currently have, or when a fixed-term mortgage is due to expire. A remortgage does not necessarily mean that you need to change lenders, you may find a new deal with your existing lender.
Generally, when applying for a remortgage you will need to
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How do I choose a good conveyancer?
Answer
You must consider a few factors when selecting your conveyancer or conveyancing solicitor to ensure you've chosen a reliable, knowledgeable, and effective company.
Accreditations: By checking that the company is accredited, this will give you the confidence that you're working with accurate and regulated professionals. Companies may be registered with the Quality Conveyancing Scheme, administered by the SRA (Solicitors Regulation Authority) and the CLC for licensed
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Do you pay stamp duty on a buy-to-let?
Answer
Yes, you do have to pay stamp duty on a buy-to-let property if the property is worth more than £40,000, or when you buy the property, you will own more than one property.
If you purchase a home or piece of land in England and Wales for more than a certain amount, the amount of Stamp Duty Land Tax (SDLT) due is at least 3% on top of the standard stamp duty fee. The fee that you pay will be dependent on your situation and the total amount your properties add up
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Is buying a house outright a good idea?
Answer
Whether buying a house outright is a good idea depends on your personal situation and your long-term investment objectives. There are pros and cons to buying a house outright. For instance, buying a house outright means that you will not need a mortgage, which means that you won’t need to worry about monthly repayments, and often the sale of the house can go through quickly as you will not need to apply for a mortgage.
Similarly, with a mortgage, you cannot predict how the
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Can a Freeholder Refuse to Extend a Leasehold?
Answer
A freeholder may be able to refused to extend your leasehold. This depends on how long you have occupied the property. If you have occupied the property for less than 2 years, the freeholder is not legally required to grant you a lease extension. However, if you have occupied the property for more than 2 years, and there are at least 21 years remaining on the lease from when you purchased it, it is your statutory right to extend the lease under the Leasehold Reform Housing and Urban Development
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How Much Does It Cost to Extend a Leasehold in the UK?
Answer
When calculating the cost to extend the lease, several factors impact the process. For example, you have to factor in the premium paid to the freeholder, the marriage value of the property, land registry fees, and your legal and valuation costs alongside those of the freeholders.
When extending your lease, you are required by law to pay for your freeholder’s legal and valuation costs. You should aim to extend the lease before it hits the 80-year mark or lower as the value of the
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How Long Does a Lease Extension Take?
Answer
As there are many steps involved in extending your lease, it could take anywhere from 2 to 12 months to extend your lease and a further 3 to 12 months for the lease extension to be registered at the Land Registry.
There is a statutory process that influences how long the lease extension process takes. Firstly, the freeholder should receive the Section 42 notice which is a formal request to extend the lease. They will then have 21 days to request evidence to see that the leaseholder has
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Can I Buy the Freehold of My Leasehold Property?
Answer
Yes, you may be able to buy the freehold of your leasehold property. Depending on whether you want to buy the freehold of your leasehold flat or house, there are different procedures. If you want to buy the freehold of a leasehold flat, then you will need to do this with other flat owners. At least half of the flat owners in the building must also agree to buying the freehold collectively.
In both cases, you will need to have held the lease for at least 2 years and the original term of
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Do I need a Surveyor for a Lease Extension?
Answer
If you want to extend a lease, you will need to instruct a surveyor to calculate the property’s value. A valuation is necessary to be able to extend your lease to calculate the amount payable to the freeholder.
The surveyor should be registered with the Association of Leasehold Enfranchisement Practitioners (ALEP) and the Royal Institution of Chartered Surveyors (RICS).
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Why do you need to verify where my money is coming from for a house purchase?
Answer
Solicitors need to verify where your money is coming from because it is an essential aspect of client due diligence.
They do this to ensure that your money does not come from any criminal activities and that you are not using the firm as a vehicle to clean that money for instance.
For example, if you purchase a house, a conveyancer has to comply with anti-money laundering regulations and verify where the funds you are using to buy the property are coming from. To do that, they must
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Do I Need a Solicitor to Buy My Freehold?
Answer
Yes, you do need a solicitor when buying your freehold, as there are specific legal processes that need to be followed and legal documentation to be handled.
The process of buying a freehold is lengthy and involves several legal documents, so hiring a solicitor will make the process easier. When looking for a solicitor, you should aim to contact a few firms to find the one most suitable.
A solicitor will help you through the formal procedure, as there are several steps that are taken when
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What happens on completion day?
Answer
Completion day is the big day when you officially become the owner of your new home. It's when you get the keys to your property and can move in. However, behind the scenes, there is a lot going on between your conveyancing solicitor and the seller’s conveyancing solicitor.
The buyer's solicitor meticulously verifies that all mortgage conditions have been met and then proceeds to request the funds from the lender. Meanwhile, the seller's solicitor is busy obtaining a
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What are the benefits of a transfer of equity?
Answer
A transfer of equity serves as a practical tool for adjusting property ownership to meet changing circumstances and financial objectives. Unlike selling the entire property, it allows for changes in co-ownership status, providing flexibility and options for individuals involved.
One significant advantage is the ability to adjust the percentage of the share owned by co-owners or to buy out a co-owner's share, which can be helpful in various situations such as changes in
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What paperwork do I need to sell my house UK?
Answer
What paperwork do I need to sell my house UK?
“What paperwork do I need to sell my house in the UK” is a question our Residential Conveyancing Solicitors are often asked, especially for those selling their first home.
It can be quite an overwhelming process with a lot of moving parts, but it can be much quicker if you have all your paperwork ready to go.
First, any solicitor will ask for proof of identity, which includes a passport, driver's license or birth certificate
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What documents do I need for buying a house?
Answer
What documents do I need for buying a house?
Buying a house is incredibly exciting - whether you’re a first-time buyer, buying to let or selling your home to move somewhere new.
While buying a house can be a long process, getting all of your paperwork in order early can definitely help speed up the process.
The first things your solicitor will need are proof of your identity - such as a birth certificate, passport or driver's licence - along with proof of address (like a
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How to buy a house at auction?
Answer
Buying a house at auction can be a great way to find a bargain or purchase a property quickly. Auctions used to be favoured by cash buyers and investors but, nowadays, you'll find a wide range of buyers at the auction house - even those relying on mortgages.
What is a property auction?
A property auction is an event where properties are sold to the highest bidder in a competitive environment. Unlike the traditional home-buying process, auctions provide a quick way to buy and sell
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How much does it cost to sell a house at auction UK?
Answer
Selling your house at auction can be a quick way to secure a sale, especially if you want to lower your risk of the sale falling through. Auction sales come with their own costs, however, and it's important to know what to expect before you commit.
Why sell your house at auction?
Selling your house at auction can be appealing for many reasons, especially if your property needs a lot of repairs or it's difficult to sell on the open market.
Selling at auction can often ensure a
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What is stamp duty and who has to pay it?
Answer
Stamp Duty Land Tax (SDLT) is a tax that you pay to HM Revenue & Customs when you buy a property or land over a certain price in England and Northern Ireland. The person buying the property is responsible for paying the stamp duty.
Stamp duty, officially known as Stamp Duty Land Tax, is a tax levied by HM Revenue & Customs when purchasing a home. The amount of stamp duty paid depends on factors such as the property's location, purchase price, and whether it's the
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