![]() |
|
|
|
LEGAL NOTICES
Please click here to download a full copy of the CQS Client Service Charter MOVING HOUSE
GENERAL INFORMATION The most frequently
asked question is how long does the process take? Despite claims by
many this is one of life's most difficult questions to answer honestly.
The typical transaction with no chain could take as little as four weeks
from start to finish: an average nowadays is around eight weeks. However,
there are those transactions where there may be a long chain involved
or legal imperfections to a title and these can take a lot longer. It
really all comes down to how many links there are in a particular chain
and the co-operation of all parties involved in that chain. We can deal
with all sales, purchases, transfer of equity's, Re-mortgage, Home Information
Packs and most property related matters. When you arrange
your mortgage you will invariably be asked what type of survey you want.
You should note that a valuation is merely a surveyor taking a brief
look at the property to see that it is worth the price which is being
asked for it and more importantly that if need be it would realise the
amount of money which your mortgage lender is providing. This is the
most popular survey because it is the cheapest but it is not the preferred
option. There is another survey which is often referred to as a "Homebuyers"
survey and this will involve the surveyor taking a more thorough look
at the property. Anything that is apparent from inspection such as damp
course needing to be carried out, repairs to guttering and other structural
matters will be covered. However, if the surveyor cannot gain access
to a particular area, for example the loft space or because of carpets,
floor coverings etc they will not be able to advise you as to whether
or not there are rot in these areas. The last survey is a full structural
survey and goes into much more detail about electric's, damp rot and
other matters. However this survey is not cheap as it involves a Surveyor
in having to spend considerable time at the property. As a purchase
is probably one of the most expensive outlays in your life the decision
must be yours as to which type of survey you choose to have. The best
option is to contact a surveyor and to ask exactly what will be provided
in the report and to make a decision based on the advice. In addition, you
may like to consider an environmental search as this provides information
as to whether the property is in an area subject to flooding, radon
gas and other natural perils including coal mining, quarrying and subsidence
due to land instability. Whilst these searches are not at the present
time, compulsory in view of the relative cheapness they are certainly
money well spent and we always advise clients to have one carried out.
After all, you are not going to feel very pleased if the home of your
dreams suddenly becomes a lake through bad weather conditions or overflowing
rivers. If you have found
the home you want and the offer has been accepted what happens next?
Below we have listed a 15-point guide to purchasing your own property.
The guide is of a typical transaction assuming that everything runs
smoothly. 1. The Estate Agents
will forward details of your proposed purchase both to us and to the
sellers solicitor/licensed conveyancer. 2. On receipt of
those details we will notify you and ask you to let us have a cheque
for money on a/c enable us to carry out the local and environmental
searches. The amount of the costs on account will be reviewed in the
light of the authorities increasing their charges. 3. The sellers'
legal representatives have to obtain the sellers title deeds so that
they can prepare a contract to send to us. They will also ask the seller
to fill in certain forms such as fixtures and fittings list which they
will send to us with the contract. 4. Once the sellers'
legal representatives have their title deeds they will prepare and send
to us a contract with supporting documentation. 5. Whilst we are
awaiting the draft contract and supporting papers from the sellers legal
representative you should be putting in hand your survey and organising
your mortgage (if you have not already done so). 6. This part of
the transaction can take between 3-4 weeks so you will probably not
hear anything from us. 7. When we receive
the contract and the results of your searches we will satisfy ourselves
with the legal position and raise additional enquiries about the property. 8. On receipt of
your mortgage offer we will then send you the contract and supporting
documentation and a Report and if you have any queries whatsoever please
do not hesitate to raise the same with us and we will endeavour to clarify
the position. We aim to see our clients by appointment to explain and
clarify many of the crucial points in conveyancing. 9. At this time
you should let us have your deposit which is usually 10% of the purchase
price. If you are paying a lesser amount please let us know how much
you have available for your deposit. 10. When we receive
your signed contract and deposit we will ask you to tell us the date
on which you want to complete your purchase (i.e. the date you move
into the property), and if possible agree this with the Seller and any
others in the chain. 11. We will then
proceed to exchange of contracts and agree the completion date with
the sellers legal representative. This is "the point of no return"
i.e. once you are exchanged you will have to go ahead with your purchase
so you cannot change your mind on the date of completion. 12. ONLY when exchange
of contracts has taken place can you safely proceed to make all your
removal arrangements and to advise all the service providers, i.e. the
gas, electricity, council, water board, etc that you will be moving
in on the completion date so that they can amend their records. YOU
MUST ALSO ENSURE THAT YOUR BUILDINGS INSURANCE IS IN PLACE FROM EXCHANGE
OF CONTRACTS if you are responsible for insuring the property. 13. After exchange
of contracts we will proceed with all the post exchange preparations
such as searches which are required to be carried out at the Land Registry
and Land Charges Offices and requesting your mortgage monies. We will
also prepare a Completion Statement showing how all the monies in the
transaction are to be expended and showing the balance we will require
from you in order to conclude matters on completion. 14. On the completion
day we will send the balance of your purchase monies to the sellers
legal representative and, all being well, these should be received by
about 1pm on that date. When the sellers legal representative has received
the monies they will telephone the Estate Agent and authorise the key
release of the keys to the property to you and you can then move in
to your new home. We would therefore recommend that on the date of completion
you telephone the agents to find out when you can collect the keys. 15. After completion
we will attend to all the legal formalities of registering you as the
new owner of the property and when all those formalities are complied
with we will forward your title deeds to your mortgage company who will
retain them for the duration of your loan with them. Frequently the
mortgage companies now expect the Borrowers to retain most of the file
which is not directly related to H M Land Registry. We also deal with
making of Wills and it is most sensible to do this when purchasing a
property. |