polesden-statue-long

 

statue sign

 

 

 

 

 

climb

 

 

 

 

 

 

 

 

 

 

 

 

Main conveyancing websites

Law Society: www.lawsoc.org.uk

Council for Licensed Conveyancers: www.theclc.gov.uk

 

 

 

 




 

 

 

 

 

 

 

 

 

 

 

 

 

 


Core Concepts

Flats

Lease


PWP: Legal Issues


Quiz Question

Q: At a critical point in buying or selling your property, you ring your solicitor and learn that he or she...

a) has gone skiing.
b) is no longer handling your conveyance.
c) has gone out of business.
d) All of the above.

The Correct Answer:

Yes, solicitors do go on holiday without informing their clients, even at critical times. Yes, they can and do suddenly go out of business. And they are not even indispensable: buyers can successfully the convey properties themselves.

But many properties or property transactions can be problematic, and very few people will be able to fully understand leases and other paperwork involved in property transfers. Good legal advice is a good idea.

Why Use a Professional Conveyancer At All?

Ordinary people have successfully done their conveyance themselves, but it does not necessarily follow that everyone can, let alone should, do it themselves. Paul Butt, author of the Which Guide Doing Your Own Conveyancing notes that DIYers often have to consult a solicitor over specific points anyway.

statue-sit He also highlights the risk of getting it wrong, and they are considerable: "You risk ending up with a house you can never sell, or losing all the money you are paying for it. At the very least you risk paying out substantial damages for breach of contract."

Nowadays, there is also little reason to go the DIY route. The Internet has lowered the cost of conveyancing considerably, and whereas buyers or sellers in pre-Internet days might have saved a few hundred pounds, the savings today hardly make DIY worth the effort - or the risk.

Real versus Virtual Conveyancers

Some homebuyers never actually meet or even speak with their conveyancer. They use an online service and everything is done via the post and the internet. The pros to this approach are obvious: low prices. But these low fees are based on straightforward complication-free conveyances. A hitch or unforeseen problem (further enquiries about past disputes or doubts about the soundness of the property raised by a survey, for example), can can gum up the works and lead to extra costs.

No Move, No Fee

bailiff house

Girl, griffin and bailiff's house were snapped at Polesden Lacey, a National Trust house in Surrey.

Banks, building societies and other providers offer a no-fee service: if you do not end up buying the property, you do not pay their fee.

But fees and disbursements are different. Even with a no sale/no fee arrangement, you will still be responsible for disbursements. For example, if you pay for a local authority search but end up not buying the property, you will not recover that payment.

The basic fee also usually assumes a standard and straightforward conveyance. If the conveyancer has to deal with an unusual problem (dodgy or incomplete title deeds, for example), you may have to pay more. Note, too, that in addition to extra legal fees, you may have to shell out for special insurance.

Fees and Fixes

Advice from Consumer Which: If a conveyancer works on a "No Sale, No Fee" basis, they have an incentive to be efficient. Go for it, and also go for fixed fees.

Source: Buy, Sell and Move House (2006), by Kate Faulkner, p.111.

Legal Fees - Flats versus Houses

Fees generally vary according to property value and type. Legal work for flats is usually more expensive than for freeholds because conveyancers have to do more work (expect to pay at least £50 to £200 more than the cost for freeholds).

Choosing a Solicitor - I

Personal recommendations are among the safest ways to select a solicitor. Your estate agent or mortgage lender may be able to suggest a local solicitor, but they may have a vested interest in the outcome. One or more neighbours will probably be more neutral and give unbiased advice. The Law Society will provide contact details for conveyancing solicitors in the area you designate - and you can designate the area you are researching or planning to move into rather than your current locale.

Choosing a Solicitor - II
(Local versus Local)

A solicitor who is local to where you currently live (or work) is convenient—you can easily nip over to sign a document, have a consultation, or deliver or pick up documents. On the other hand, a solicitor located in the area where you are buying will have local knowledge.

Landlords and Tenants

Tenancy Deposit Protection Landlords must put tenant deposits into one of three available schemes, comprehensively explained in the relevant section of the Direct Government website. The regulations apply (for rent up to £25,000 per annum for Assured Shorthold Tenancies, and landlords who do not comply face stiff financial penalties. This tenancy deposit scheme applies to leases created on or after 6 April 2007.

Here Be Dragons

February, an icy February at that. My exchange and completion both occurred at the end of winter’s coldest month. And when she vacated the house, the seller turned off the gas supply. And no gas meant no heat.

As it happened, I entered the premises on the day the sale completed, luckily noticed the gas was off and, also fortunately, knew how to turn it back on. But what if the house had been vacant for several days, even weeks after completion, as often happens? A day or two after I completed, the weather turned from cold to below-zero frigid. An unheated house would have been a burst-pipe disaster waiting to happen.

That danger raises this question: why did none of the experienced property professionals (estate agents, surveyors, solicitors) highlight this risk concerning a house that was changing hands in the dead of winter?

They didn’t because they don’t. And as you can’t rely on your professional advisors to protect your interests, you have to anticipate problems as best you can.  Dangers and Disappointments pinpoints vital  things for you to keep in mind.

^ ^ Back to Top ^ ^