We’re finally there – the end of the conveyancing process. Its been a long series. Only 4 parts, but its taken me ages! You can all rest assured that generally my conveyancing work is quicker than my blogging. Actually, the blogging has been delayed so that I could concentrate on the conveyancing.
We’ve reached a point where we’re happy with the title, the searches are all fine (or any issues have been resolved) and all of our enquiries have been answered. Both the buyers’ and the sellers’ solicitors will be contacting their clients and inviting them in to go over the paperwork and sign contracts. This is where a lot of misunderstandings exist.
The Sellers’ interview will be brief. They just want to get rid of their property and receive some money. Their solicitor will explain the effects of the contract and transfer deeds and they will sign them.The Buyer, however, need to know exactly what they are getting and their interview will be much longer. They are also likely to have mortgage information to go through. Their meeting with their solicitor will be all about re-assuring them that their investment will be safe and ensuring that they know exactly what they are getting. It is usually at this point that a solicitor is able to start talking about completion dates without raising false hopes.
Once a date has been agreed, everyone knows what they are heading for. The Sellers’ solicitor can get a redemption figure for the sellers’ mortgage and calculate what will come out of the sale after all costs have been met. The buyers’ solicitor can request mortgage funds and the balance due from the buyer. Crucially, contracts can be exchanged. Many people think that signing their contract seals the deal, but it doesn’t. You could sign a contract and then tell your solicitor that you don’t want to proceed – the contract can be torn up and nobody is the wiser. Contracts don’t become binding until they are ‘exchanged’ with the other side. Both parties to the transaction then have a contract signed by the other side and the comfort of knowing that the agreed completion date will be met.
The buyer and seller can now concentrate on organising removals, meter readings and the other practical steps taken when moving house. The buyer’s solicitor now carries out some minor searches at the Land Registry, which check that the seller hasn’t had anything registered against their title (such as new mortgages) since the transaction started. These searches also prevent anybody else registering anything for 6 weeks.
On the day of completion, the buyer’s solicitor should have received the mortgage monies and any balance required from his clients and sends this, electronically through the banking system, to the sellers’ solicitor. Once the funds have been received at the other end, completion has taken place and keys are released.
And that’s it…the simple version. Anyone who has ever bought or sold a house will know that there is more to it than that. Outside of the office, there is a lot of waiting. Inside the office there is constant work behind the scenes throughout a transaction. As solicitors, we try to keep our clients updated on progress at each of the stages I have outlined. A regular question is…how long will it take? Or, right at the outset, ‘Can we complete on x date?” We always try to meet these expectations but until we have received search results, title papers, etc, we can’t give any guarantees. Always remember that a few days’ delay is probably saving you, as a buyer, a ton of future hassle.
It will be a personal blog post next time. There’s been lots going on in Newark lately.








