HIP Time Constraints

August 21st, 2008

Every non-exempt property in England and Wales is required to be accompanied by a Home Information Pack, or HIP, on the day it is first marketed. The seller is responsible for the payment and provision of the Pack and usually relies on the conveyancing service or solicitor to gather the necessary documents in a timely fashion. There are some time constraints to the documents that are included and to the pack itself but they shouldn’t prove too restrictive in most cases.

Some of the legal documents need to be three months old or newer when the property is first marketed. In all cases, the contents of the HIP must be no older than twelve months old. Because the HIP is created just prior to the marketing of a house and takes approximately one to two weeks to complete this shouldn’t cause any problems in the sale process.

Once a house is on the market, the HIP remains in place until either the property is sold or it is taken off the market. If a property is taken off the market but put back on within twelve months, the same HIP can be used negating the need to pay for a new one.

A lot of the documents are time sensitive to the buyer and become useless after a period of time. However, the seller is not actually responsible for the provision of more up to date documents as long as they have met the requirements mentioned above.

Is Cheap Conveyancing Good Conveyancing?

August 19th, 2008

It’s human instinct to look for the cheapest option in anything, but not all conveyancing services are created equal. Good conveyancing can be found at extremely competitive prices if you do the leg work and find the most appropriate service for you. However, some budget firms provide a less than perfect service and this can not only lead to a prolonged conveyancing period and transaction but can actually jeopardise the move completely.

When arranging a mortgage or dealing with the estate agent, you may find that they provide details of their recommended conveyancing firms. In most cases these services are rarely cheap and they may not be the best option in terms of quality either. They are usually high street law firms of solicitors; the group that typically charges the highest premium for the services they provide.

The Internet is the greatest resource for finding virtually any service and by shopping around to find the best deal it’s possible to save money while ensuring that you get a very high level of service from the company you choose. Not only can you view details of different conveyancing options but you can usually request a quote and even proceed with the process online.

Conveyancing is an integral part of the home buying and selling process. It requires a good service that works quickly and efficiently, but that doesn’t mean that it has to cost the earth for the privilege. Shop around for the best deal because cheap conveyancing can mean good conveyancing.

What Are Disbursements?

August 12th, 2008

Conveyancing fees are one of the lower costs that most home buyers face with estate agent fees and stamp duty often proving to be the real crippling charges. This combined with the competitiveness of the market means that conveyancing really is one of the cheaper aspects of a home move but the disbursements can sometimes come as a shock, especially if you haven’t been forewarned of these potential charges.

Disbursements are the fees that are paid to third parties by a conveyancer or solicitor as part of the property purchase. They are necessary fees and both buyer and seller will be faced with some level of disbursement although they do differ slightly. Obviously, if this means that you are buying one property and selling your current one then you will have both sets of fees to pay during the transaction.

The total amounts involved do vary from cases to case and are dependent on whether you are buying, selling, or remortgaging a property. You should expect to pay Land Registry fees, insurance fees, telegraphic transfer fees, and search fees. For an average property the disbursement fees usually associated with the purchase of a home can range from £200 and upwards excluding stamp duties and mortgage costs.

Disbursement charges are those payments made to third parties by the conveyancer during the conveyancing process. These are unavoidable and necessary charges that need to be considered a part of the home buying and selling process and some of them may go unnoticed because they are included in other payments.

What Is House Conveyancing?

August 5th, 2008

Of all the steps involved in buying or selling a home, conveyancing is one of those steps that baffles the majority of buyers and sellers alike. The existence of complex jargon, the introduction of solicitors that aren’t always willing to engage in open and understandable discussions, and a less than glamorous procedure make conveyancing a mysterious beast.

What Exactly Is House Conveyancing?

In truth, much of the conveyancing process is administrative in its role with only a portion of the process requiring legal knowledge and expertise. But it is a vital process because it legally transfers the ownership of a property from one person or party to another. Conveyancing helps ensure that the buyer really is getting what they pay for.

A Simple Process Confused By Other Factors

Although the process is relatively simple it is confused by a number of factors. Conveyancing involves local authorities that are often over worked and utilise inadequate working processes and there are a number of parties involved throughout the progressive stages of conveyancing.

Why Conveyancing Can Drag On

Inevitably, the more people that need to be involved in any process, the longer that process will take. Because of the chain that is involved in the property market, including conveyancers, solicitors, lenders, buyers, sellers, and local authorities, when one link in the chain causes a hold up it has serious consequences.

Improving Your Experience

Using an efficient conveyancer will help minimise the time the process takes and generally improve the house buying process. They will answer questions openly and honestly and reduce the legal jargon thrown at you in order to help you understand the process and leave you with a clear picture of where everything stands.

Home Information Pack Details

August 2nd, 2008

The Home Information Pack, or HIP, is a pack of documents that include search documents, Land Registry legal documents, a home Energy Performance Certification and other legal documents. While some property types are exempt from having to have a HIP in place, the majority of sellers of properties in England and Wales are legally required to have one from the first day the property is marketed.

Exemptions exist for business properties, dual use properties, and sales that include tenants. Holiday homes and seasonal accommodation are also exempt, as are buildings that are marketed as unsafe, ready for demolition, or for redevelopment purposes. Some developers that have a portfolio of sales may also find they are exempt from having to pay for a HIP.

It usually takes anywhere from one to two weeks for the information to be collected and the HIP completed. Some of the documents need to be less than three months old and all are required to be less than twelve months old from the day the property is first marketed. The HIP will remain valid until marketing ceases or the property is sold. If the property is removed from the market and put back up for sale within 12 months the same HIP can be used without having to get a replacement.

A Home Informtion Pack is designed to give the buyer some clarity and ensure that the seller has the right to sell the property as they are selling it. Many of the documents are time sensitive and presuming you aren’t exempt from having to have a HIP then it should be in place for the first day that the property is marketed.

Should You Do The Conveyancing Yourself?

August 1st, 2008

Saving money when buying or selling a home is the goal of many existing and prospective home owners. While DIY conveyancing theoretically offers one such area where money can be saved, the potential risks outweigh the possible financial gains.

Minimal Cost Savings

Professional conveyancing services have seen significant price reductions, thanks largely to the Internet. Even though it is possible to make cost savings, it’s probable that you’ll only realise £200 to £300 at the most. In exchange for these savings you will need to do thorough research, get to grips with complex jargon, and you won’t have insurance to cover any mistakes you make.

Thorough Research Is Necessary

DIY conveyancing is achievable. The information you’ll require can largely be found online, in libraries, and through publications at a good book store. But it will take up a considerable amount of your time finding and digesting all of the relevant information. In contrast, an experienced solicitor will have first hand knowledge and experience of the entire process.

Time Saving

It may be possible to save some time in the conveyancing process by doing it yourself, but not necessarily as much as you think. Numerous parties need to be involved and regardless of how quickly you work and how much pressure you apply to others, the duration of the conveyancing process will only be as short as the slowest party involved.

Do It Yourself Conveyancing

There are a number of ways to save money in the house buying process and undertaking the conveyancing yourself is one such area. However, the combination of uninsured risk with only a minimal saving means that it is one of the least advisable and viable of those available to you.

Conveyancing And The House Buying Process

July 30th, 2008

Conveyancing is the process of legally transferring ownership of a property from one party to another. A portion of this process involves legal transactions and helps ensure, in particular, that the buyer will take receipt of the type of property that they were expecting. Conveyancing is necessary in the buying and selling of any property. For the buyer, a conveyancer will check that all legal requirements are upheld and that the property details, mortgage offer details, and contract detail match appropriately.

The First Stages

The early stages of conveyancing involve you and your conveyancer. You will need to sign and return a Letter of Engagement that entitles the solicitor or conveyancer to work on your behalf. Once this is completed, they will then attain a copy of the draft contract including title information and numerous forms.

Checking Documentation

The conveyancer will then study the documents and ask any questions of the seller’s solicitor. Once this process is completed you will be presented with a copy of the details and asked to confirm that everything is as you expected.

The lender should send a copy of your mortgage offer to your conveyancer. They will reference the terms of this to the property documents to further ensure that everything matches. Most solicitors will also assist the lender in order to facilitate a speedier conveyancing process.

Contract Exchange

Once everything has been checked, you will need to sign the contract as well as your mortgage offer. Details regarding a deposit will be provided so that you can submit this deposit before the contracts are exchanged. A completion date will then be agreed by all parties and the exchange will take place.

Completion

On completion, your conveyancing solicitor will then finalise all the contracts, ensure that they are stamped for legal authorisation and provide the original of the deeds to your lender.

Should You Choose A Conveyancer Or A Conveyancing Solicitor?

July 29th, 2008

A conveyancer or conveyancing solicitor is the beating heart of the home buying (or selling) process. Using an experienced and communicative individual or firm not only helps ensure that the process is a smooth one but that it is also a transparent process leaving all parties with fewer worries and concerns.

The Closed Conveyancing Market

Traditionally, solicitors have been the only professionals able to offer the conveyancing service to buyers and sellers. As such, until the market was opened in 1985 and further expanded with the advance of the Internet, conveyancing solicitors were able to levy virtually any charge and often provided a less than perfect service in return. The closed state of the art of conveyancing meant that buyers and sellers had no other choice.

Licensed Conveyancers

In 1985, though, the Government opened up the industry so that anybody could become a licensed conveyancer. While alarmingly few companies and individuals took up this offer, the advent of the Internet and our increasing dependence on it, has meant more and more conveyancers offer their services online.

Online Conveyancers

A lot of people are put off using online conveyancers because they aren’t local and will never meet face to face. The reality, though, is that the conveyancing process need not be carried out by a local firm and there is also no reason you ever need to meet your conveyancer.

Price Reduction And Service Level Improvements

As more and more professionals offer their service over the Internet, prices drop and service levels rise. Rather than paying several hundreds of pounds, it’s possible by shopping around to get the same service at just a couple of hundreds pounds or even less. Similarly, in light of the increased competition, a lot more care is placed in customer satisfaction and ensuring a smooth process.

Conveyancing And The Selling Process

July 27th, 2008

While conveyancing is often seen as being more important to the buyer, this makes it an essential step for the seller too. The property sale can not complete until conveyancing is done properly so expediting as quick and painless a conveyancing process as possible will help to speed up the overall sale time.

Document Gathering

Once you have completed and returned the Letter of Engagement, your conveyancer will acquire the deeds to your property from your existing lender. They will also require copies of forms pertaining to the details of your house and the fixtures, fittings, and content that are to be included in the sale.

Detail Checking

The conveyancer will then check the details, complete the relevant forms and forward this package to the buyer’s solicitor. If there are any questions regarding the forms then the conveyancer will answer these using information they have gathered and you have provided.

Financial Details

You should provide specific details of any secured loans and your solicitor will receive a statement from your lender that details how much is still outstanding on your mortgage. These figures are used on completion so that all outstanding amounts can be repaid from the proceeds of the sale before you receive what’s left.

Exchanging Contracts And Completing The Sale

Once the buyer’s solicitor has checked and confirmed all of the details in the contract, you will be called in to sign and agree a completion date with al parties. Once contracts have been exchanged, you and the buyer have entered into a legal agreement regarding the exchange of the property. On completion, your solicitor deals with the financial aspects of loans and mortgages, and then forwards the appropriate documents to the buyer’s lender.

Choosing The Right Solicitor Or Conveyancer For You

July 22nd, 2008

In many respects, a conveyancer provides the backbone to the house buying and selling processes. A good conveyancer can help the process run smoothly while poorly conducted research and administrative duties can make the experience even more difficult. As such, and with more conveyancer choices than ever, it is important that you choose the best service for your circumstances.

Estate Agent’s Advice

Estate agents will often advise you of one or two local services to use, but be aware that they may not necessarily represent the best choice. Often, family solicitors are the more expensive option because they deal in many different types of legal and quasi legal processes. In contrast, a licensed conveyancer deals with nothing but this type of work. They will be accustomed to dealing with the process on a daily basis and can usually offer lower prices for an equally good or better service.

Conveyancing Factories

Conveyancing factories may not have the most romantic of title but they are becoming more common. They are essentially large businesses that deal with hundreds of customers on a monthly basis. They usually employ teams to work on single contracts and may use call centres rather than provide you with access to a single point of contact. Service levels and communication levels usually suffer as a result of these cost saving methods.

Licensed Conveyancers And Your Options

Conveyancers no longer need to be trained solicitors and this doesn’t necessarily detract from the level of service they offer. In fact, licensed conveyancers often offer greater communication and lower prices. As with many services, the lowest price doesn’t necessarily mean the best service and you will need to look on the Internet, ring around, and try to determine the service that fits your needs the best.