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Conveyancing
The legal process by which property ownership is transferred from the seller to the buyer is known as Conveyancing. It is possible for an
individual to carry out their own conveyancing, however, mortgage
lenders usually insist that the conveyancing is carried out by a solicitor. Most vendors (the seller) would probably be advised not to sell to a
purchaser who was not using a solicitor for fear that the conveyancing would be incomplete or incorrect.
For the vendor a conveyancing solicitor checks the buyer is paying the agreed price and takes on all the responsibilities on your behalf. This will involve carrying out searches, answering and checking any questions relating to the title of the property and checking the method of finance is in place prior to exchange of contracts. After exchange of contracts the solicitor is responsible for the transfer and requisitions on title, final searches and, after completion has taken place, stamp duty, land tax and registration of title.
The buyer’s conveyancing solicitor checks that the vendor is the owner of the property and that the property is fit for purchase with no unforeseen difficulties waiting after completion. This involves preparing the contracts and title, replying to any enquiries and taking final instructions before exchange of contracts. After the exchange of contracts has taken place the solicitor approves the transfer.
Exchange of Contracts is the most important part of the conveyancing process as it commits both parties to the transaction and is normally the time when the date for vacation of the property is agreed. It is,
therefore, vital that your conveyancing solicitor works closely with
everyone involved (you, the estate agents and the other party’s solicitor) to ensure your move happens on schedule.
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