Archive for the ‘Conveyancing News’ Category

The Role Of The Buyer’s Conveyancer

Friday, October 24th, 2008

Both the buyer and seller of a property require the services of a conveyancer and while this was once conducted specifically by a conveyancing solicitor, this no longer needs to be the case with conveyancing specialists and conveyancing firms also able to offer this same service. Conveyancers not only need to conduct their work accurately but also quickly while ensuring that all relevant parties are kept informed of progress.

During the early stages of the process, the buyer’s conveyancer will collect various legal and title documents from the seller’s own solicitor. They will also arrange for local searches with the land registry and local council while dealing with mortgage conditions on behalf of the buyer. If any problems are unearthed during searches they will also deal with these and answer any questions received from the seller’s solicitor.

Having collected the deposit for the sale of the property, the buyer’s conveyancer will forward this deposit in order to begin the exchange of contracts. Transfer deeds and a mortgage deed are prepared awaiting signature from the buyer and are forwarded to the seller’s solicitor once they are completed and signed.

The final role of the buyer’s conveyancer is to arrange the payment of stamp duty, register the new ownership of the property with the Land Registry, and finally forward deeds to the mortgage lender where necessary. The process is largely an administrative one, but is is absolutely critical that everything goes exactly as expected and is completed on time and accurately.

HIP Time Constraints

Thursday, 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.

Home Information Pack Details

Saturday, 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.

Home Information Packs And Conveyancing

Friday, July 11th, 2008

Many of the searches involved in creating a House Information Pack (HIP) will have already been conducted, or partially conducted during the conveyancing process. The HIP must contain certain documents and it is the sellers legal privilege to provide a HIP to any interested, potential buyer. Completed by a qualified home inspector, it pays to have a HIP complete as early in the process as possible and it can also pay to include extra documentation over and above what must be included.

Getting A HIP From Your Conveyancer

Most conveyancers and conveyancing solicitors also sell Home Information Packs and some services may provide a discount for those customers that wish to purchase both at the same time. Do ensure that you are getting the best deal before you proceed with this dual service purchase and be aware that certain aspects of the HIP, especially the Energy Performance Certificate must be carried out by a qualified home inspector.

Including A Home Condition Report In Your HIP

A Home Condition Report is not a necessary inclusion in the HIP but it can be used to help buyers, sellers, and agents alike. The seller has the advantage of being able to show their property off to its best while the buyer receives in depth information regarding the state of the property. As part of a Home Condition Report, it is usual to receive a reinstatement cost that is used to generate insurance coverage levels for the property.