Telephone : 01773 747000

Fax: 01773 570798

E-Mail: Enquiry@hmtlegal.com

 

 Selling your house ...

Sale negotiated 

If you would like us to recommend a good local Estate Agent we can usually do so. Contact us as soon as you have a buyer. 

We will need to obtain your deeds, so please let us have your mortgage account number and lender's details. If you do not have a mortgage, please let us know where your deeds are.

Draft Contract sent out 

We have to prepare a draft of the Contract (the legal agreement to sell) from the deeds and send this out to the buyer's lawyers, together with copies of the most relevant deeds. If your property is leased, we shall need to have copies of your last rent / service charge receipts.

We will also let you have the Property Information Form and Fixtures and Fittings List to complete for your buyer. These are fairly standard forms, but you must remember that your replies can be relied upon by the buyer as part of the contract.

You should bear in mind that there is no legally binding agreement between you and your buyer until contracts are exchanged. Please advise us in writing if any of the terms of the contract change during the course of the transaction (the price, what is included in the sale, etc.)

Searches and surveys

Your buyer will usually want to have a survey. If there seems to be any delay in organising the survey then please talk to your buyer to establish whether they have hit a problem or delay at this stage. Whether or not your buyer is having a mortgage, they will usually want to carry out a 'Local Search' with the Council and perhaps a mining report, environmental search and water services report. The results of these can take up to three weeks to come back. You will probably find things may go a little quiet at this stage, while the buyer awaits searches and mortgage offer. Please do not hesitate to contact us or your Estate Agent (if you have one) for a progress report as necessary.

Signing your Contract 

The buyers lawyer will approve our draft Contract when they are ready to proceed. This is the time to discuss when Completion of their purchase should take place. The Completion Date we agree on will be made part of the legally binding agreement and you should be sure that any date agreed gives you time to empty the property and arrange somewhere else to live. Please avoid discussing completion dates until everyone is almost ready to proceed, as this is one of the main causes of anxiety if any unforeseen problem arises.

We shall ask you to sign your contract at this stage so that we can make the agreement legally binding (called 'Exchanging Contracts') as soon as we hear the buyers can go ahead.

Exchange of Contracts 

The buyer's lawyers will pay us a deposit as part of the Contract. We cannot part with this until the sale is completed, but as a result both you and your buyer are then committed to go ahead. Neither of you can then pull out without serious legal and financial consequences.

Pre-Completion 

You should talk to your buyer to make arrangements for you moving out and the buyer moving in on the Completion Date. You have to make a key available (either direct or through the Estate Agent) for them to collect by no later than lunchtime on the Completion Day. We shall contact you before this day to get the final deeds signed. We shall get a redemption figure from your lender (if you have one) and tell you how much we will need to pay them. You should keep paying your mortgage and not cancel any direct debit until we have completed the sale. We also obtain the Estate Agent's account for you.

Completion and after 

You will not need to see us on the Completion Day, but please let us know if there are any problems. Even if the buyer is not moving in until after Completion, you are obliged to be out of the property and hand any keys over when they have paid us the sale money. We shall account to you for any money due to you after repayment of any mortgages, our fees and the Estate Agent's charges. If you prefer, we can send this direct to your bank account for a small extra charge.

For more information about moving house, or to request a free written quotation of our charges, please contact us  by e-mail .

 

FOR MORE HELP WITH CONVEYANCING PLEASE FOLLOW ANY OF THE LINKS SHOWN BELOW

Moving without tears ...?

Buying

Owning property jointly

Conveyancing terms explained
   

Copyright © Hardy, Miles, Titterton  2005. No part of this text may be reproduced without permission.