While dealing with a conveyancing transaction involving a deceased co owner, the issue of ownership as tenants in common arose and what to do where one co owner dies. The surviving co owner was the deceased’s wife. As the deceased did not sever the tenancy in common before he died, the restriction in the Land […]
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Estate Agent says delays in Conveyancing caused by staff shortages
The Law Society Gazette published an article on 30. 7. 10 regarding ‘delays in conveyancing, due to staff shortages. ’ The comments forming the basis of the article were made by Nick Salmon, commercial director of independent estate agents Harrison Murray, who told the Gazette that ‘understaffed’ firms are struggling to cope with the increased […]
Rescind
To rescind means to restore the parties to their former position, i.e. before they entered into the contract. Rescission is an ‘equitable remedy. ’Under the Standard Conditions of Sale the right to rescind the contract is available in the following situations: Where the risk in the property remains with the seller and the property […]
What happens if the Buyer goes bankrupt during a Purchase?
A conveyancer will only know whether his client is solvent or not when they carry out a bankruptcy search, as part of the conveyancing process. A bankruptcy search is carried out just prior to exchange of contracts, to ensure the buyer is not bankrupt. If the buyer is found to be bankrupt then the buyer should […]
What disbursements will I incur when I am buying a Property?
Buying a property can be a costly venture so it is best to go into it fully aware of what exactly you will be spending your money on! This article will set out the main disbursements that are involved during the conveyancing process when buying a freehold or leasehold property. Freehold Searches As Home Information Packs have been […]
Late Completion
If either the buyer or seller are late in completing, interest is payable to the aggrieved party at the contractual rate (the rate specified on page one of the contract). Compensation and other costs resulting from late completion ( e.g. removal costs, bridging finance) may also be payable, depending on the conditions in the contract. […]
Things to look out for when you are in a Chain
Chain transactions are very common in Conveyancing since it is normal practice finding a buyer or a seller who has a property to sell or buy themselves. The key to ensuring things progress smoothly is to make sure the respective parties are organised and keep their conveyancers informed of any change in circumstances or potential […]
Six Mortgage Advisers Banned by the FSA
Six mortgage advisers were banned by the Financial Services Authority (FSA), yesterday, due to mortgage fraud. One of them was fined £130, 000 and the total number of brokers to have been banned this year is now 91. Click here to read the full report by ‘IFAonline’ published on 5 July 2010. The FSA are […]
Completing Requisitions on Title during the Conveyancing Process
The purpose of Requisitions on Title is for the Buyer’s Conveyancing Solicitor or conveyancer to raise any queries relating to the title supplied by the Seller, which they have found to be unsatisfactory. On a practical level, requisitions on title are also used to deal with the administrative completion arrangements. Time for raising Requisitions […]
Conveyancers and Estate Agents to work together
According to the new president of the E-Homebuying Forum, Sir Bryan Carsberg, the future of the conveyancing market for England and Wales lies in partnerships being formed by solicitors and estate agents to form a ‘one stop shop’ for sellers. He went on to say that they system works well in Scotland and he […]
Buying Tenanted Property
If you are buying a tenanted property there are a number of things that you must bear in mind. The process and considerations are slightly different to a regular Conveyancing transaction but provided your Conveyancing Solicitor knows what they are doing, it should not be too complicated. Property sold subject to tenants The seller must disclose any […]
Important Points to Consider when Selling your Property
Selling your property is a slightly more straightforward procedure as compared to the home buying process. Sellers should bear a few matters in mind before they get ready to put their property on the market: Home Improvements Make sure you are presenting your home in the best possible light – click here for some tips […]
Arranging your Finances during the Home Buying Process
Mortgage Finance Once you have applied for a mortgage it should take a few weeks for matters to be finalised and for the mortgage offer to be sent out to you. You must ensure your conveyancing solicitor’s details are included in the offer letter and that they have a copy. You and your conveyancer should […]
Making an offer on a Property
The initial ‘making an offer’ stage during the conveyancing process is crucial and you, as the Buyer, must get it right! Where an estate agent is involved, it is usually the case that they will have conducted a valuation of the property. They will then base the marketing price on their valuation figure. In many […]
Enforcement of conveyancing contracts for sale of new build properties
Since the peak of the housing boom in spring 2007, when work on many new build homes began, property prices have plummeted by about 30%, making them worth much less than the original selling price. Many banks are now reluctant to agree mortgages for such properties, meaning some prospective purchasers face losing large deposits and […]
Notice to Complete
Following exchange of contracts if either the purchaser or vendor in fail to comply with the terms of the contract on the completion date, the party who is ready to complete is entitled to serve ( via their property solicitor ) a Notice to Complete. This Notice will set out the fact the party is […]
What happens at exchange of contracts?
After the contracts for the sale and purchase have been signed and all the are ready, we telephone the buyers/sellers conveyancing solicitors or property lawyer s and exchange contracts. This is done using a specific formula under Law Society Guidelines and all solicitors exchange contracts in the same way. Once contracts have been […]
New Build Conveyancing – Purchasing New Build
This article is designed to explain the usual contractual conveyancing conditions contained in the standard conveyancing contracts of sale used by developers when selling a new build property . Purchase conveyancing on a new build property from a developer is quite different to conveyancing an existing property. There are different issues and time scales, so […]
When I do serve notice on my rented accommodation?
The only safe time to hand in notice or arrange for moving at the point of exchange of contracts. Until that specific stage in the conveyancing transaction, there is nothing contractually binding and either party can withdraw from the transaction. Do not make any arrangements that could cost you money if the conveyancing […]
Can I sue my buyer/seller if they pull out of the Conveyancing transaction?
No. If exchange of contracts has not taken place then unfortunately there is nothing you can do if the other party pulls out of the transaction. The only exception to this if you have entered into some sort of lockout agreement. Once contracts have been exchanged then on the basis that the other […]