Charles Lucas Marshall - Private Services
Row of Houses Buying a house? We can help
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Peter Graham
Peter Graham
We British are a proud nation of home-owners so it is not surprising that buying a house and finding a place you can truly call your own is a dream cherished by many people.
The prospect can be particularly exciting for those who have just spotted the home of their dreams and can hardly count the days before they move in and get on the first rung of the property ladder.
All that is very well, but as most of us find out, the actual process of buying a house - no matter how small - is not as simple as we might have imagined. It can be confusing and complex and you soon realise there is a lot more to transferring ownership of a property than simply buying the bricks and mortar.
What's more, buying a home is also probably the biggest financial step most of us will ever make which - combined with a bewildering array of legal jargon one soon comes face to face with - can make the whole experience puzzling and stressful.
This makes it all the more essential to find yourself a good solicitor who can guide you through this legal maze, iron out any problems and help make the process of buying your home as simple and trouble-free as possible.
Thanks to the Law Society even more help is at hand, as it has introduced TransAction, its own streamlined, conveyancing scheme, which is used nationally by many solicitors to help make the house-buying process even easier to understand.
So you have found your dream home, are happy with the price and can't wait to move in. What should you do now? It is probably best to get in touch with a solicitor as soon as you can, so you can get proper legal advice and ensure - among other things - that when you put in your offer it is made subject to survey and contract.
If you don't already have a solicitor, it might be a good idea to ask a friend or relative to recommend one. You may also like to speak to several firms to discover a price you are likely to be charged. But remember! although the cost is obviously important, at the end of the day it is the service which really counts.
Names of firms who specialise in conveyancing - the buying and selling of property - can often be found in local newspapers, yellow pages or local libraries. If you're really stuck you could even contact your local Citizens Advice Bureau.
Once you have found a solicitor you are happy with and an offer has been made and accepted, one of the first things he will do is carry out a local authority 'search' on the property. This is crucial as it will reveal important information, including whether any major road development is being planned nearby, which could affect the property's value.
He will then ask the seller a series of questions - usually using a specially-designed form - to find out if any alterations have been made to the house and what fixtures and fittings will be included in the final price. He will also discover other information about the property, such as who is responsible for the boundaries and if is affected by any rights of way.
Your solicitor may also be instructed by your mortgage lender to carry out the legal work required in connection with your mortgage. As soon as your solicitor considers everything is in order and you have received a satisfactory mortgage offer, he will go through the contract with you and ask you to sign it. Your contract will then be exchanged with the seller who signs an identical one.
This is the point of no return. Not only will you be committed to the purchase, but you will have been asked to pay a deposit of up to ten percent of the purchase price, which is non-returnable if you get cold feet and decide to pull out.
At this stage it also becomes your responsibility to insure the property, so it is essential you or your mortgage lender arrange buildings insurance. Similarly you will need to consider if your family need the protection of life cover. Better news is that you will now know when the sale will be completed and you can start counting down the days when you can move in.
In the days leading up to completion, your solicitor will arrange for the mortgage lender to send the mortgage advance in good time of the agreed date. He will also carry out a final search with the Land Registry. If this reveals nothing unexpected the sale can go ahead and it will be formally completed on the agreed date when the seller hands over the signed transfer documents, the balance of the purchase money is paid and the keys to the property have been handed over.
However your solicitor will continue to work on your behalf. He will now register the change of ownership and mortgage at the Land Registry. If necessary he will also arrange the payment of stamp duty, before finally depositing the deeds with your mortgage lender.
So if you are planning to buy a home it makes sense to see a solicitor as soon as possible. Not only will he take the headache out of buying a house, but he will be able to help you avoid those expensive pitfalls. So let your solicitor take the strain and give yourself the time to plan the important things such as choosing those curtains.
For more information contact Peter Graham on 01635 521212 or peter.graham@clmlaw.co.uk