Archive for the ‘About Conveyancing’ Category

Avoiding Potential Hidden Costs In Conveyancing

Monday, September 8th, 2008

Choosing a conveyancing solicitor or conveyancer is a more competitive process than it once was. Solicitors were once the only group that could offer conveyancing services and this meant higher prices than were necessary. Because the conveyancing service was viewed as a necessary evil by some local solicitors, it also meant consumers could face a less than favourable service.

Conveyancing is now open to anybody. In fact, you could conduct the conveyancing process on a property yourself, although this is not a recommended approach when considering the implication of mistakes and the affordable conveyancing prices now available.

Depending on the type of conveyancing service you use there will be several aspects to your bill. The conveyancer service fee may be payable by the hour or as a set fee. Furthermore, the set fee may be a one price fits all solution or it could be scaled according to property value, location, and other factors. The most common approach is the scaled fee.

The total fee will also include disbursements and if these aren’t listed as being part of the quote then do ask about them. These are necessary charges that the conveyancer must pay third parties and other organisations or groups throughout the conveyancing process and should be roughly the same from one service to the next.

When requesting quotes, request that they be itemised wherever possible. This should include a list of disbursements because one trick to charge extra is to levy unnecessary or plain false disbursement fees. If something is missing from the quote then ask whether it is included in the bottom line price and if not, how much it will cost. Once you’ve done this you will be able to compare quotes on a like for like basis.

Do You Need A Home Information Pack?

Wednesday, September 3rd, 2008

The Home Information Pack has become a legal necessity for most seller’s of residential property in England and Wales. Sellers in the rest of the UK are not required to offer the Home Information Pack and there are certain exemptions that may mean you do not require a HIP before you can market your property. We do advise that you check with your solicitor or conveyancer before you begin the process to accurately determine whether or not you require a Home Information Pack.

Non-residential property owners are not required to have a HIP for their property. Similarly, mixed sale properties (for example a commercial outlet that includes a flat as part of the property) are also exempt, as are seasonal homes or holiday properties. Sellers of dual use properties where the main use is as a commercial property may be exempt.

If you intend to sell a property and the existing tenants will remain in the house upon sale, then you may not require a Home Information Pack. Sellers with a large portfolio of properties are also often exempt from HIP responsibilities.

The final category of HIP exempt sales is unsafe properties, or those that are marketed for redevelopment or demolition purposes.

The Home Information Pack is a necessity for the majority of sellers in England and Wales. While some exemptions do exist, if you are legally required to have a Home Information Pack then it should be in place from the very first day you start to market your property.

What Is A Local Authority Search?

Thursday, August 28th, 2008

A local authority search is a process that is conducted by your solicitor or conveyancer when you purchase a property and it is a vital part of the house buying process that helps protect you against otherwise unforeseen circumstances. A recent copy of the search may, alternatively, be provided in the Home Information Pack that every seller needs to provide but these can become obsolete if an extended period has passed between the house first being marketed and it being sold.

The charge for a local authority land search is one of the disbursements associated with buying a property and while it varies from local authority to local authority and is prone to change at any time you should expect to pay about £100 to £150 for the search.

When a search request is submitted to a local authority they are obliged to provide a response within the statutory target of ten days although many will provide the results much quicker than this. The local authority search forms a time sensitive part of the Home Information Pack and a house cannot be marketed until this pack is complete and present.

The search itself will at the very least determine whether any money is still owed by the property to the council, whether there are any preservation orders for trees and other natural items on the land, and whether any planned future developments are likely to affect the property and its new owner. This is all important information, anyway, and your solicitor will be able to quickly and accurately determine any problems.

What Are Disbursements?

Tuesday, 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?

Tuesday, 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.