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Finding a buyer Once you have decided to
purchase a property you need to see what houses are available within your price range. On
visiting Picker-Elliott Estate Agents your name will be place on our mailing list so that
we can keep you updated with all new houses becoming available. Also check the newspapers
and continue to call into our office so that we can keep each other informed of any
progress. You can also view our properties via this web site.
Viewing a property Once you have received
details on the houses and have decided which properties you wish to view, you need to
contact the agent so that they can arrange a mutually convenient time for your to view
the house. The agent will normally arrange to meet you at the property and to show you
round.
Making an offer You will need to contact the
Estate Agent once you have decided on a property you wish to purchase in order to put the
offer forward. The agent in turn will contact the owner to inform him of you bid. Should
the offer be acceptable the sale will be agreed. If the bid is unacceptable then you may
decide to increase your offer or find an alternative property.
Once the sale is agreed On acceptance of your
offer the sale will be confirmed in writing to all parties. It is at this point that you
will need to confirm your finance arrangements and the name and address of your
solicitor. Although the agent will inform all parties of the agreed sale you should get
in touch with your solicitor to confirm instructions and to pay the Local Search Fee
(explained later).
The mortgage process It is important that you
are aware of the criteria involved in gaining a mortgage. Once you have decided on your
mortgage arrangements the financial advisor will complete the relevant application forms
and submit them to the bank or building society. On receipt the lender will firstly do a
credit search or credit score to ascertain your eligibility for mortgage purposes. They
will also write to your employers to confirm your salary. The lender will also apply for
a reference if you have a landlord or existing mortgage. It is advisable to inform the
relevant parties of your actions as this can speed up the process greatly. Once the
relevant checks and references are in order the lender will instruct a surveyor to carry
out a report on the property. Providing the valuation is acceptable and all other
references are in order the lender will issue you with a formal mortgage offer. This in
effect is a document that confirms the lender is prepared to advance you the monies
requested and lists all their terms and conditions.
Exchanging contracts The legal formalities of
domestic house sale and purchase usually fall into two parts - those leading up to
"exchange of contracts" and those following exchange up to "completion" of the
transaction. Two identical contracts are drawn up - one to be signed by the seller and
other to be signed by the buyer. When both sides are ready to commit themselves to sell
and to buy, the two signed contracts are dated and swapped over between solicitors. At
this point the contract becomes binding. At the same time as exchange the date for
"completion" is agreed. Completion is the date on which the keys and deeds are usually
handed over in return for the purchase monies and the buyer can move in.
Before exchanging Before contracts are
exchanged information about the house is provided by the sellers solicitors. At this
stage the buyers solicitor will put in hand a local authority search. This is called
"local search" and can sometimes cause delay if the authority is slow in replying. The
search reveals among other things whether roads are adopted and whether the local
authority has any proposals which affect the property. At this stage, a buyers solicitor
will also be making sure that the form of the contract is in order and, if all the papers
are available, that the seller has a good title to sell the property. In the meantime,
the buyer will be making the necessary financial arrangement such as applying for a
mortgage. It is important to agree with the seller what fixtures and fittings are
included in the sale price.
The deposit When contracts are exchanged a part
of the purchase price is paid by the buyer and held by the sellers solicitors. The
standard contract provides that this should be 10% of the total price but, in cases where
the buyer is also selling another house or where the mortgage is for more than 90%, it is
often not possible for the buyer to raise 10% and a lesser sum may be negotiated.
After exchange of contracts Following
successful exchange of contracts the final transfer or conveyance and any mortgage
documents are prepared for signature. Application is made for the monies to be made
available in good time for completion day and final searches are made to make sure that
none of the parties are bankrupt and that nothing such as an undisclosed mortgage has
been registered against the house.
Completion day On the day fixed for completion
the balance of the purchase money is paid over to the seller's solicitor in exchange for
the deeds and the keys. In most cases the money is sent by bank telegraphic transfer to
the seller's solicitor's bank account. It is not necessary for the sellers and buyers to
be present at completion, they are usually too busy moving house!
Following completion Immediately after
completion, the seller's solicitor will account to the seller with the proceeds of the
sale less any sums required to pay off any mortgages and estate agents fees etc. After
completion the buyer's solicitor will lodge the transfer deed for stamping with the
appropriate duty, if any. Then all the documents will be sent to the Land Registry for
the names of the new owners to be recorded with details of any mortgages. When the
documents return from the Land Registry all the deeds and documents relating to the
transaction are bundled together and are sent, if there is a mortgage, to the buyer's
building society of bank. If the property is free of a mortgage they will often be placed
in the solicitors strongroom.
Surveys - what if it all falls down? The old
adage "Buyers Beware" applies to house purchase. If there is found to be anything wrong
with the property after completion the buyer will not normally have any redress and will
have to pay for any necessary repairs. Come recent flat conversions and most new houses
less than ten years old are covered by a guarantee from the National House Building
Council "the NHBC". However, the NHBC does not like to accept liability where the defects
should have been seen at the time of purchase and in any event no one would wish to buy
trouble. Where the buyer has a mortgage, the valuer for the bank or building society will
inspect the property to make sure that it is safe to lend on. Most societies allow
borrowers to see the valuation report and it is often possible for an extra fee to
arrange for the same valuer to provide an additional fuller report for the buyer. It is
not advisable to reply on the valuation report alone because it only provides the
briefest of details and does not purport to give a full summary of the condition of the
property. Many buyers do not bother to have an independent survey carried out but we
recommend this to be seriously considered in all cases. There are various kinds of survey
offering different degrees of protection. A "full structural survey" is the most thorough
but also the most expensive. Most people today are happy to rely upon what the Royal
Institution of Chartered Surveyors call a "Home Buyer's Report and Valuation" and the
Incorporated Society of Valuers and Auctioneers refers to as a "Home Buyer's Standard
Valuation and Survey Report". The cost of these surveys depend partly on the price being
paid for the property.
Fixtures & Fittings - What about the light bulbs?
It is important that seller and buyer know exactly what is included in the sale
price and what, if anything, is being purchase separately. It often causes great
annoyance and trouble if the seller removes items such as the bathroom cabinet or wall
lights which the buyer expected to be left. The seller will be asked to complete at an
early stage a questionnaire stating exactly which items are included in the sale, which
are not and which are being sold at an additional price. It is advisable for seller and
buyer to get together to discuss these matters in detail and, if necessary, make a
list.
Keys - how do you get in? Unless special
arrangements are made, the keys are normally handed over on completion day in exchange
for the purchase money - the seller having previously handed them to his solicitor or the
Agents. It frequently happens that this is not convenient and the seller will hand them
direct to the buyer. It is important that you find out and agree the arrangements for the
keys. There is nothing worse than waiting outside a new house with the removal van and
not being able to get in.
Stamp duty Stamp duty is payable by the buyer
in respect of the Conveyance or Transfer: Total purchase price of up to
£125,000 - no duty payable. £125,001 to £250,000 - 1% of the
purchase price paid. £250,001 to £500,000 - 3% of the purchase price
paid. £500,001 and above - 4% of the purchase price paid. We will advise
you of any alteration you of any alteration or amendment to this, and also of the
additional duty payable in respect of new leases.
Solicitors fees A solicitors bill is made up of
fees plus V.A.T. together with out of pocket expenses paid by the solicitor e.g., Stamp
Duty, Land Registry fees and Search fees. The fees are calculated partly taking into
account the expense of the time devoted to a particular job and partly on the value of
the property.age o
Insurance - what if it burns up? A property
should be insured by the buyer from exchange of contracts. Houses should be insured not
necessarily for the price paid but for the estimated cost of rebuilding following a fire
to include clearing away the damage and architect's fees - sometimes this is much greater
than the market value.
Contract races Where two or more buyers wish
to buy the same property more than one contract may be sent out by the seller's
solicitors who are then under a duty to advise all concerned that two contracts are out.
Although the seller will in most cases exchange contract with the first buyer to supply a
signed contract and deposit, it is not always the case. Many buyers are reluctant to
enter into contract races for fear of incurring expenses and then losing the race.
Gazumping - what does it mean? Until contracts
are exchanged either party is free to withdraw. Unfortunately "gentleman's agreements"
have no force in law so far as dealings in land are concerned. Occasionally a seller
will, after a sale has been agreed subject to contact, withdraw and sell to another buyer
who is prepared to pay more money. This is popularly (or to a purchaser unpopularly)
known as "Gazumping". |