Archive for November, 2009

A Guide to Property Conveyancing

Friday, November 27th, 2009
reallymoving.com recently asked:


Property conveyancing

Conveyancing is the transfer of property titles from the present owner to someone else. The process includes an exchange of contracts (equitable title passes) and the completion stage (legal title passes). In England & Wales, this process is usually undertaken on behalf of the property buyer & sellers by a conveyancing solicitor (or property solicitor) although it is possible to undertake the process yourself. Under English & Welsh law, agreements are not considered legally binding until contracts have been exchanged. This can result in wasted expense & effort if either buyer or seller pulls out prior to exchange. In order to minimise this, Home Information Packs have been introduced (since August 2007) as a means of the property seller providing the information & thus saving the buyer the expense of undertaking local authority searches etc. It is recommended to engage a solicitor who is regulated by The Solicitors Regulation Authority.

Costs & fees

Solicitor’s fees can vary although are considered to be quite competitive in comparison to those charged in some other countries. Many will work on a fixed fee basis with additional charges to cover items such as BACS transfer fees and local authority searches. reallymoving.com provide an online service providing free instant conveyancing quotes from up to four conveyancing solicitors.

Timescales

The process of property conveyancing will usually take up to 3 months depending on a number of factors which can include agreement to existing covenants, production of necessary guarantees for works undertaken (such as damp courses etc) and planning permission for extensions and release of funds by mortgage providers etc.

Gazumping

As acceptance of offers are not legally binding until the exchange of contracts, the act known as gazumping can occur when the property’s seller withdraws from the sale process to accept a different (usually higher) offer from a 3rd party. More recently, the underhand practise of gazundering has developed which is the method of the buyer demanding a reduced price at the latter stages of buying a property.

Conveyancing in Scotland

The process of conveyancing works somewhat differently in Scotland than in England & Wales - primarily because contracts are exchanged at a much earlier stage of the process after the initial offer and once this is accepted by the seller, is legally binding. The contract is formed by missives which are letters between the solicitor on behalf of the buyer and seller of the property. Normally the contract is conditional on matters such as the seller being able to prove they are legally able to sell the property. This method of early stage contracts means that gazumping is much rarer in Scotland than in England & Wales.

Checklist



Request quotes from a variety of local, reputable solicitors.

Ensure (wherever possible) that the solicitor is regulated by The Solicitors Regulation Authority

Provide details of your mortgage offer in principle

Provide details of the estate agent managing the sale



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Scare for Scottish conveyancing solicitors

Friday, November 27th, 2009
catherine recently asked:


Seeking out the cheapest conveyancing solicitor can be incredibly tiring, particularly in Scotland where the legal costs are on average higher than when you go further South of the border.

Some of the remortgaging deals available now include free conveyancing, which has hit some Scottish borrowers slightly at a loss, as many of those deals available in England and Wales are not stretched as far as Scotland, though sometimes cash is offered towards fees instead.

Such cash back will generally be to the value of  £200 to £400. HSBC’s  much in demand term tracker, charges 1.95% over base rates, and comes with free legal services and search fees in England and Wales, but Scottish borrowers are offered £400 towards fees which may well turn out to be much more.

John Postlethwaite, a mortgage adviser from Punter Southall, feels this difference in arrangements North and South of the border is the result of the different choices the housing markets have chosen to work.

He said: “In Scotland, solicitors dominated the property market through their role as estate agents. When lenders started to offer free conveyancing in England, they were afraid of upsetting solicitors in Scotland. They were frightened that solicitors would recommend against them if they took conveyancing fees away, so were reluctant to offer borrowers free legal services.”

Scotland has been trying to catch up, in more than one way.  Registers of Scotland has been slower to automate than the Land Registry, which operates in England and Wales meaning the solicitors have been finding it difficult in terms of the higher costs. The original property register in Scotland was the Register of Sasines created by the Registration Act 1617.

As half of the houses in Scotland have no changed their registration with Sansines, a new register has been established under the 1979 Land Registration Act, meaning counties joined up one after the other, most recent in 2003.

This means the Registers of Scotland has two registers to monitor, with 1.3 million properties on the new register, which incorporates many titles other than domestic homes of the two to 2.5 million residential properties in Scotland.

A spokesman for the Registers said: “We think around half of all homes in Scotland are now on the new register, although this would be higher for the central belt.”

The conveyancing system is very similar regardless of which system is used, the lawyer involved plans a mortgage deed and a discharge document for the previous one. He will then seek out the old lender for a redemption figure, and coordinate the remortgage. This means he needs to raise the money from the new lender and paying off the old mortgage, receiving a signed discharge document for his work. He then goes to register the new mortgage and discharge document with the land registers, and one cancels out the other.

Elelctronically conducted  business deals for such a process cost £20, compared to £30 if done with paper.

Ray Boulger of Charcol advises:

“The bigger the loan, the less important free conveyancing is, and similarly the longer the new loan, the less penal the cost of paying for the conveyancing yourself. But borrowers need to compare costs carefully.”



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The Merits of Cheap Conveyancing

Friday, November 20th, 2009
Bolton Jones recently asked:


Conveyancing is the somewhat complicated and time-consuming process of purchasing and taking ownership of real estate. While anyone can conduct such a process on their own, without knowledge of the legal ins-and-outs of conveyancing a number of pitfalls with potentially catastrophic consequences exist.

That is why most buyers and sellers of real estate turn to solicitors or licensed conveyancers.

With a very competitive market, it is not difficult to find cheap conveyancing. A very high number of firms of solicitors and conveyancing companies offer a full range of services at very affordable rates.

In a competitive market there is little risk in playing the numbers and taking the more inexpensive option.  The quality of service is likely to be consistent across the board.

A solicitor or licensed conveyancer aids a buyer by conducting a survey of the desired property and the local authority. This survey ensures that the property is in fact owned by the person identified as the seller and that that person has the right to sell the property and all attached property rights. The local authority survey provides information regarding area planning and building restrictions.

Surveys of the local environmental conditions and drainage can also be conducted for an added fee.

The seller’s solicitor will draw up the purchase contract, as well as collect and provide to the buyer’s solicitor all information pertaining to the property and its ownership.

The entire process can still take a considerable amount of time, but with solicitors on the case, the buyer and seller are free to continue with their lives even during the process.

In addition to freeing up time for the buyer and seller, solicitors and licensed conveyancers ensure that all required legal aspects of a property transfer are covered. Overlooking one or more of these aspects can have far-reaching negative consequences, and it is best to make certain everything is done right the first time around.

Solicitors and licensed conveyancers also handle re-mortgaging a property, a process that while somewhat more simple than property title transfer, can still be time-consuming and complicated for the uninitiated.

With the advent and increasingly widespread use of the Internet, there has been a movement to further simplify the process of conveyancing by enabling buyers, sellers and those looking to re-mortgage a property to conduct all the necessary steps online.

Moving everything online has its own problems and has been slow in implementation. But many aspects of conveyancing are beginning to be available via the Internet, with more planned to go online in the near future.

Buyers and sellers can now access title registers and local authority plans via the Internet, enabling them to conduct their own surveys. But while access to these records and information has been simplified, correctly and effectively dealing with the data remains a tedious and potentially error-filled process for those unfamiliar with the legal aspects of conveyance.

In short, even though the Internet has made it easier for buyers and sellers to engage in conveyancing without the aid of a professional, it is still highly recommended that solicitors or licensed conveyancers be brought into the process to minimize risk.

There is still one benefit of “e-conveyance” to be had by buyers and sellers: it has increased the competitiveness of the local conveyance market in the UK, and forced firms of solicitors and conveyance companies to offer even better rates.

Most people look to save money at every possible turn. But with property title transfer, the potential risks really are not worth the savings. Nor is one likely to actually save very much going it alone, with cheap conveyancing providing a return on the one thing more valuable than currency: time.



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Get Cheap Conveyancing Solicitors With No Hidden Charges and Guaranteed Service

Sunday, November 15th, 2009
MTA Solicitors recently asked:


Buying, selling or leasing a property can be a costly business – even switching mortgage lenders can incur financial penalties, adding to the stress that is already involved. Many try to cut these costs by sourcing a cheap conveyancing solicitor to provide them with cheap conveyancing services in the UK.

In our experience, the clue is in the title: ‘cheap’. Cheap conveyancing deals in the UK promise low-fee services that can appeal to those trying to find a cheap conveyancing solicitor. However, all too often we hear of hidden charges that are suddenly sprung on the client when it is too late for them to extricate themselves from the contract. Cheap prices also seem to reflect the quality of service that can be expected; again, the clue is in the title.

We certainly do not consider the standard of our conveyancing services to be cheap. By using a conveyancing residential solicitor from our practice you are guaranteed a high quality service that is sure to meet and exceed your expectations.

Our fees reflect that level of commitment to our clients, however our prices are competitive rather than cheap, ensuring that the standard of service you can expect is in no way compromised. As testament to our dedication, we have a ‘no hidden-fees’ policy: what we quote is what you pay. Our fees are honest, competitive and there are no unexpected surprises along the way.

Conveyancing property in the UK can be a costly process, but using us as your conveyancing specialists can minimise the cost and stress involved.



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Get the best conveyancing quote online

Friday, November 13th, 2009
Alex Murphy recently asked:


With the advent of online conveyancing, people in the U.K and other parts of the world can buy, sell, mortgage, or lease, commercial as well as residential property in a quick and hassle-free manner. .

There are several reputed providers of commercial conveyancing and residential conveyancing online. The online conveyancing providers have a team of highly qualified conveyancing solicitors. These conveyancing solicitors are experts who have adequate knowledge of real estate proceedings and practices and thereby provide the best possible assistance to their clients.

Conveyancing solicitors provide conveyancing quote online. One can get detailed information regarding the conveyancing cost, including all legal fees and conveyancing solicitor’s fees that one is required to pay for his/her property transaction. Online conveyancing providers of repute would offer you conveyancing quote upfront. They would tell you what is payable and what may be payable in your property transaction. They make sure that the conveyancing quote provided by them contains no hidden costs.

However, when looking for conveyancing quote online, one must thoroughly assess the services provided by the online conveyancers and the costs of the same. It is advisable to choose the conveyancing quote online that best meets one’s conveyancing requirements and budget. Looking at past records or reading some of the customer testimonials would assure you of the credibility of conveyancing solicitors and would give you confidence that you have chosen the right person for handling your property transactions.

If you are looking for the best and reasonably priced or cheap conveyancing quote, you can log on to www.conveyancingextra.co.uk. The website offers a wide range of both commercial and residential conveyancing services.

Here you would find some of the best conveyancing solicitors who would help you in Buying, Selling or Re-mortgaging a residential or a commercial property, Transfer of Equity, Enfranchisement, Right to Buy, Commercial Leases, Licences (to Assign / to Underlet / for Alterations), and lot more.

The conveyancing solicitors would deal efficiently to make your property transaction a convenient and quick process. Once you have got the commercial conveyancing quote or residential conveyancing quote, the conveyancing solicitor would act on your behalf. To help you keep a track on your case as and when you wish to do so, you would be given a user Id and password for logging on to their website.

For more information on online conveyancing, commercial conveyancing quote or residential conveyancing quote, please visit the website.





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London Conveyancing Solicitor Guide for First Time Buyers in 2008!

Friday, November 13th, 2009
Robert Johnson recently asked:


Conveyancing in London and the United Kingdom has started to feel the housing market crunch but The First Time Buyers’ Initiative (FTBI) was introduced to make more affordable homes available to first-time buyers. It is available throughout England from 23 regional HomeBuy agents. So what does this mean for first time home buyers?

 

Who can buy FTBI homes?

50% of the new homes available through the initiative will be for key workers (nurses, teachers, police officers).

The other 50% will be available to first time buyers who fit the following criteria:

The buyers must be first time buyers. They cannot be homeowners already nor can they be named on a mortgage.

The buyers must be unable to afford to buy a home (within reasonable travelling distance of their workplace) which is suitable for their needs.

The buyers must be able to show that they have sufficient funds to pay a deposit (up to 5% of the purchase price), legal fees, stamp duty land tax and the additional costs associated with moving house.

The buyers must be on a long-term employment contract. If they are self-employed, accounts for the past three years will need to be produced and subsequently approved.

The buyers must have a good credit history.

The buyers must take out a first mortgage with one of the qualifying lenders.

 

What contribution will be given and how is it repaid?

The government will provide up to 50% of the purchase price. Therefore, the mortgage and the cash funds available to the buyer must be at least 50% of the purchase price. Not all buyers will qualify for 50% assistance, the HomeBuy agent will determine the level of contribution available to each buyer.

The government’s contribution will need to be repaid on the sale of the property. The repayment will be at the same percentage of the sale price as the contribution, so if the sale price is higher than the purchase price, the repayment to the government is higher (in terms of a monetary figure) than the input.

After three years the buyer will need to pay a fee to the government on sale of the property: 1% of the contribution after three years, 2% after four years and 3% thereafter.

 

What is the procedure?

The prospective buyers need to register their interest with the HomeBuy agent and they need to complete a HomeBuy application.

If eligible, the buyers will receive an “Approval of Eligibility Letter” from the HomeBuy agent and they will be provided with FTBI schemes in the buyer’s area.

The buyers then chose a home and instruct their solicitors and their IFAs to progress a full mortgage application.

Once the HomeBuy agent gives final authority to proceed, the buyer can agree to exchange contracts.

The buyers’ solicitors then need to ensure that all conditions for buying a FTBI home are met (i.e. mortgage offer is in order, property price is agreed and funds are available) and proceed with the purchase of the property as usual.

On completion, the buyers’ lender will provide the drawdown and the government will provide the balance funds. There will be a second charge put on the property for the benefit of the government.

If the buyers want to sell the property later, this can be done on the open market.

A list of FTBI HomeBuy agents is available from the English Partnerships website englishpartnerships.co.uk.

This article is free to republish provided the authors resource box below remains intact.



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Online Conveyancing – Know the Process!

Sunday, November 8th, 2009
Darrell F recently asked:


Conveyance is commonly the transfer of rights to a property, basically changing the legal title of a property. The major landmarks of conveyance are the exchange of contracts and also the completion of contracts. The 3 important stages are before contract, before completion and after completion.

In the UK , conveyance services are usually offered by a solicitor even though it is usually possible for you to carry out the service yourself. When you make an offer for a house in the UK normally you will engage a conveyance to help to complete the sale, however the sale is not legally binding until the contracts have been exchanged. This has the disadvantage of wasting time if the sale is not completed.

This process of buying a house normally involves the following: buyer agrees price with the seller, have a survey of the house done, then the solicitor will carry out their services and enquiries into the property. Once this is complete the conveyance will prepare a draft contract to be approved by the buyer’s solicitors. Part of the conveyance’s services will be to provide the buyer’s solicitors with the property information in accordance with the Law Society terms and conditions.

Normally it will take three months to complete a conveyance transaction. However this can vary and usually depends on factors such as legal, financial, social and personal reasons. It is during the time before exchange of the contracts (when it becomes legally binding) that there is a danger of gazumping. Gazumping is the practise of the seller pulling out before the exchange of contracts and can normally be expensive for the prospective buyer as they have already footed the cost of surveys and conveyance fees.

There are ways to reduce the possibility of being gazumping. These include being fast about a sale, as there is less time for a seller to pull out or choose a higher bidder. Also one of the more popular methods is requesting that the house is taken off the market after a bid has been accepted as other people are less likely to bid on the property. Finally you should keep in regular contact with the seller’s agent to keep them informed that you are progressing with the sale. To reduce the cost consider using online Conveyancing services who do not have the overhead costs of normal solicitor’s practise and therefore are cheaper.



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More Of The Quick Guide To Conveyancing

Thursday, November 5th, 2009
Jenny Smith recently asked:


Here is now the rest of that quick and very interesting guide to conveyancing.

Once you have asked all the necessary questions to your conveyancing solicitor, you also need to think about something else.

 

As this is a competitive market you need to think about price as well as service when using a conveyancing solicitor. Realistically, fees start from around £299 for an average house for a top quality conveyancer and can go considerably higher. Paying for quality will diminish the chance of a deal falling through and should ensure that the process is relatively stress-free for everyone. Be aware though that, leasehold properties may cost more, as they involve extra work for close inspection of the lease.

 

Once your conveyancing solicitor is in place, make sure you agree timescales with all parties involved with both your solicitor and the buyers or sellers (whichever party you might be). Make sure you have originals and copies of all relevant identification of the people that will need to sign contracts. When done and prepared in advance, it will be time saving.

 

If you are the seller, you need to locate all the relevant paperwork that you have from when you purchased or last remortgaged the property and any building regulation and planning documents that you have for extensions, alterations and so on. You then need to send these to your solicitor at the outset, and respond to any future requests for documents and information promptly, to avoid unnecessary delays or even worse, the deal to fall through.

 

If you are the buyer of the property, you need to ensure your deposit is available and ready for use and that your mortgage application is being processed without any problems or holdups so that the money can be ready whenever you need it.

 

Make sure your buildings insurance is in place by the completion date, so do you research and get quotes from insurers early in the process to save you time and avoid being taken short by time and have to go with a company because you did not look elsewhere. Your conveyancing solicitor cannot actually arrange completion of the purchase or sale without the insurance details on top of that, so it is important to do that first.

 

Have your checkbook ready! This is not an inexpensive process but now, hopefully a more informed and less stressful one thanks to this guide to conveyancing! For more information there are many home information packs.



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