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Using a Conveyancer when Selling

Initial steps

  • Once you have told your conveyancer that you wish to use their services you should receive a Letter of Engagement or Confirmation of Terms of Business.   You should sign and return this as soon as possible so that they can start work.   Your conveyancer may request funds to cover initial expenditure.
  • Once your conveyancer has been formally instructed they will, if necessary, obtain the title deeds from your lender.
  • Your conveyancer will also require completed copies of the “Property Information Form” and the “Fixtures, Fittings and Contents Form”.   These are standard forms provided by your conveyancer. If your property is leasehold you will also need to complete a “Seller’s Leasehold Information Form”.
  • You need to let your conveyancer know from the outset if you are also buying a property and need the transactions to be tied together.
  • You should inform your estate agent which conveyancer you are using so that they can send a “Memorandum of Sale” to all the relevant parties together with a copy of the property particulars.

Legal Work prior to Contracting to Sell

  • Once your conveyancer has obtained the title deeds and you have returned the standard forms these are sent to your buyer’s solicitor/conveyancer for approval together with a supporting package which will include documents dealing with title, planning and any guarantees that are applicable.
  • If the property that you are selling is leasehold your conveyancer will receive a standard Managing Agents Questionnaire from the buyer’s solicitors/conveyancers which is sent on to relevant Landlord/Managing Agents/Residents Association.
  • Once your buyer’s solicitor/conveyancer has examined this paperwork they my need to seek clarification on certain points. They are entitled to raise enquiries with your conveyancer who may need to liaise with you to provide the information requested.
  • The buyer is entitled to rely upon any information that is supplied on your behalf so it is important that information supplied to your conveyancer is accurate and that you make a full disclosure of any relevant facts about your property.

Your Mortgage

  • Your lender will supply an up to date statement to your conveyancer detailing the amount which is required to repay your mortgage.
  • You should provide your conveyancer with details of all loans secured against your property as these will need to be repaid upon completion of your sale.

Signing your Contract

  • Once the contract has been approved by your buyer’s solicitor/conveyancer you will be contacted by your conveyancer to sign it in readiness for exchange.

Exchange of Contracts

  • Before an exchange can take place all the parties involved need to agree on a completion date.
  • From the point at which contracts are exchanged you are legally bound to sell and your buyer is legally bound to buy.   Should either party back out the other will be entitled to claim compensation for losses arising.

Between Exchange and completion

  • Your conveyancer will send you a statement detailing their charges, loans to be repaid and all other outgoings.   Any balance due to your conveyancer will need to be cleared in their account prior to the completion date.
  • You will be required to sign a Transfer of Deed in readiness for completion.

On Completion

  • Your conveyancer will pay off any mortgages and other expenses, give an undertaking to your buyer’s solicitor/conveyancer to send your lender’s formal release of mortgage and send the title deeds and signed transfer to your buyer’s solicitor/conveyancer.
  • Once your conveyancer has confirmed that all the remaining monies have arrived your sale has completed. You should arrange to drop off the keys with the agent for the buyer to collect.