Conveyancing Experts

Residential Conveyancing Solicitors

Fairmont Law Solicitors maintain a large and extremely experienced conveyancing team which are equally multi-lingual, who will be able to make the process as straightforward as possible, whether it is your first step on the property ladder or you are buying your dream home or otherwise.

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Conveyancing is the legal process involved when ownership of a property is transferred from the seller to the buyer. It can start when your offer is accepted.

Our Conveyancing department can assist you whether the property involved is a flat, house or mansion. We endeavour to provide you with a fixed price quotation before we start. Our conveyancing services include:

  • Sales and Purchases
  • Transfers of Equity
  • Remortgages
  • Lease Extensions

Please contact our offices to discuss the specialist advice which we can offer in these cases: 0333 222 5014

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    Our Residential Conveyancing service

    We can guide you through the whole legal process of buying, selling and mortgaging of your residential property.

    For Buying a property

    Our residential conveyancing solicitors can assist with matters including:

    • Reviewing contracts of sale & Home Information Packs (HIPs)
    • Raising queries with the seller’s solicitors
    • Negotiating amends to the terms of the sale
    • Carrying out conveyancing checks
    • Handling exchange of contracts
    • Transferring the deposit to the seller’s solicitors
    • Transferring the outstanding balance to the seller’s solicitors on completion
    • Handling payment of Stamp Duty Land Tax (SDLT)
    • Registering the change of ownership with the Land Registry

    For Selling a property

    Our residential conveyancers can assist with matters including:

    • Requesting a redemption statement from your mortgage lender
    • Drafting contracts of sale
    • Putting together Home Information Packs (HIPs)
    • Answering queries raised by the buyer’s solicitors
    • Negotiating any required amends to the contracts of sale
    • Handling exchange of contracts
    • Taking receipt of the buyer’s deposit
    • Taking receipt of the balance of payment on completion
    • Using the funds received to pay off your existing mortgage and transferring any remaining balance to you
    • Paying any applicable taxes (such as Capital Gains Tax when selling a rental property)

    For Transfer of Equity

    Our Residential Conveyancing Team can help with every stage of a transfer of equity, including:

    • Dealing with your mortgage lender
    • Registering the change of ownership with the Land Registry
    • Creating a declaration of trust to clarify what portion of a jointly owned property each person is entitled to

    Our Wills & Probate department can also assist with updating your Will to reflect the change in your circumstances where required.

    For Remortgaging

    Our independent in-house financial advisors can allow you to cut your monthly repayments, borrow more or rent out your old home. Our team can help you get the right terms for your new mortgage and keep the remortgaging process as straightforward and smooth as possible.

    We can guide you through every stage of remortgaging, including:

    • Requesting a redemption statement from your current lender (showing how much you need to repay and any fees for early repayment)
    • Reviewing the terms of your new mortgage
    • Handling transfer of funds from your new lender to your old lender
    • Registering the change of lender with the Land Registry

    As a leaseholder, extending your lease can significantly increase the value of your home, as well as making it more desirable to potential buyers.

    Our team can help with all types of lease extensions and related issues, including:

    • Statutory lease extensions
    • Private lease extensions by voluntary agreement with the freeholder
    • Buying the freehold on a leasehold property

    How long does conveyancing usually take?

    This will depend on the type of transaction and the issues involved. Buying or selling a property and lease extensions can typically be completed in around 4-12 weeks, unless there are any major unexpected issues to deal with. Remortgaging and transfer of equity can often be completed faster, but again, it depends on the issues involved.

    What are the steps in the conveyancing process?

    There are 5 steps to the conveyancing process

    Step 1: Pre-Contract

    Step 2: Contract

    Step 3: Exchange

    Step 4: Completion

    Step 5: Post- Completion

    What are the costs associated with conveyancing?

    We typically offer fixed fee conveyancing, where we agree a price in advance to complete every stage of your transaction. This price will include our fees and the costs we pay to third parties (known as ‘disbursements’) for things like property searches (note kindly, disbursements are generally charged additionally).

    This approach means you will know exactly how much your conveyancing should cost from the outset, so you can budget accordingly.

    In the unlikely event that any unexpected complexities or other issues arise during the course of your transaction, or there is a change to your instructions, we will mutually agree any resultant change in fees with you in advance.

    Please see below standard prices for residential conveyancing in relation to freehold properties:

    CONVEYANCING OF A FREEHOLD PROPERTY (EXCLUDING VAT)
    Sale Purchase
    Up to £500,000 £1,080 to £1,800 £1,200 to £2,100
    £500,001 to £1m £1,800 to £2,400 £2,100 to £3,000
    Over £1m to £3m £2,400 to £4,200 £3,000 to £4,800
    Over £3m Please contact us for a personalised quote Please contact us for a personalised quote

    To see how much your conveyancing might cost, you can request a conveyancing quote by completing the contact form at the bottom of this page or by calling our office on 0333 222 5014.

    What searches are included in conveyancing?

    The main conveyancing searches you will need to have carried out when buying a property are:

    Local Authority Searches – checking for issues such as whether the building is listed, if it’s in a conversation area and whether there are any new property developments or roads planned in the area.

    Water and Draining Searches – checking who is responsible for the property’s water supply and sewerage and for issues such as whether there are any public sewers running under the property.

    Environmental Searches – checking for any issues connected to previous use of the land or other environmental risks, such as the potential for landslides and subsidence, contamination of the land and risk of flooding.

    Other searches that may be required depending on where the property is include:

    Mining Searches – if the property is in an area where mining activity was previous carried out, this type of search can determine whether there is any risk of the ground under the property being unstable as a result.

    Chancel Repair Liability Searches – where a property is within the parish of a church, there is the potential that the property owner could be liable to contribute towards the cost of maintaining that church. Checking with the Land Registry allows you to see whether this applies to your property. 

    Why trust our residential conveyancing solicitors with your home sale or purchase?

    The quality of our residential conveyancing service is illustrated by the amount of returning business we receive from satisfied clients and from word-of-mouth recommendations and the ever-growing reputation of our firm.

    We are well known for our expertise and experience in residential property transactions. Our clients include private individuals, trustees, companies, builders and landowners who all have a common need for specialist yet cost effective advice.

    Our team is independently accredited by the Law Society’s Conveyancing Quality Scheme (CQS) in recognition of the high standards of our residential property services.

    For a free, no obligation conveyancing quote or to find out more about how we can help you, please get in touch upon – 0333 222 5014. Alternatively, you can equally book a consultation online with us at a time/date most suited to you.

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    Frequently Asked Questions

    What is the difference between freehold and leasehold?

    While these terms may sound complicated, they have two simple meanings:

    • Freehold– You own the property and the land it’s built on for as long as you want.
    • Leasehold– You own the property for a set period, but not the land it’s built on.

    In a leasehold property, the lessee leases the property from the owner for a particular period with restrictions related to transfer and ownership. On the contrary, a freehold property gives complete property ownership without any restrictions on its construction, modification, and transfer.

    What is exchange of contracts?

    Exchange of contracts is a key stage in the process of buying or selling a property in England and Wales. It is the point at which both parties (the buyer and the seller) are legally committed to the transaction.

    During this stage the buyer’s and seller’s solicitor or conveyancers will each hold a signed copy of the same contract. They will agree to the terms over the phone, in a process known as ‘contract race’. Once the terms are mutually agreed, they will immediately send their client’s signed contract to the other party. This is known as ‘exchange of contracts’.

    Once contracts are exchanged the agreement to buy or sell becomes legally binding. At this stage a minimum of 10% of the buying/purchase price for the property in question is paid.

    What is completion date?

    The completion date, which is the date the buyer will pay the remaining purchase price and the seller will duly hand over the property keys, this is usually set at the time of exchange or shortly after exchange of contracts.

    What is a mortgage valuation?

    A mortgage valuation is a specific assessment that helps a mortgage lender confirm the property’s value and decide whether it’s suitable security for the loan you’ve applied for. Your lender will usually arrange a mortgage valuation to be conducted.

    What is a 'chain' in property transactions?

    A property chain is a sequence of property sales that must all happen at the same time. For instance, you’re in a chain if you are buying from someone who also needs to buy a property, and so on. Or you have to wait for your house to sell before you can purchase. A property chain is created when these transactions all depend on each other.

    What are restrictive covenants?

    Restrictive covenants are clauses that prevent, prohibit, restrict, or limit the actions of a person(‘s) or entity named in a contract. Restrictive covenants are common in real estate transactions and apply to everything and anything comparatively from the colours you can paint your house to how many tenants can occupy.

    What is 'exchange deposit'?

    An exchange of contracts is when the sale becomes binding on both buyer and seller and the deposit, typically a minimum of 10% of the purchase price, acts as security between exchange of contracts and the completion of the sale, and this is generally sent to the seller’s solicitor upon receipt.

    Other Questions

    What happens if the seller pulls out of the sale?

    Until the contracts are signed and exchanged, a seller can pull out of the house sale without any concerns about legal action being taken against them due to the lack of contractual obligations at the time. With no contract, there is no legal obligation for them to sell and they can pursue alternative avenues of sale or remove the house from sale altogether.

    If the seller pulls out after exchange, the buyer will have to return any documents received for the property. However, the seller will be liable to cover the cost of this. The seller will also be liable to pay any other fees, such as legal fees, or any other related financial losses incurred by the buyer as a result of the sale being cancelled.

    What happens if there are issues with the property title?

    If there are issues with the property title, it can have several implications:

    1. Delay in Transaction: If you are in the process of buying or selling and issues arise with the title, it can cause delays while these issues are resolved.
    2. Potential Loss of Property: In extreme cases, if there are serious issues with the title (for example if it turns that the seller does not actually own the property), it could result in the loss of the property.
    3. Financial Loss: If there are issues with the title, it could potentially affect the value of the property. This Could result in the financial loss if you are the seller. If you are the buyer, you may end up paying more for the property than it is actually worth.
    4. Legal disputes:  Issues with the title can lead to legal disputes, which can be costly and time-consuming to resolve.
    5. Difficulty in Obtaining a Mortgage: If there are issues with the title, it may be difficult to obtain a mortgage on the property. Lenders typically require a clear title as part of their lending criteria.

    In the event you discover issues with the title of a property, it’s important to seek legal advice as soon as possible. A solicitor can help you understand the implications of the issues and advice on the best course of action moving forward.

    Contact us today 0333 222 5014.

    Request a consultation

    We offer up to 15 minutes free initial consultation on all matters.

    To contact our team, please call us or email us at info@fairmontsolicitors.co.uk..

    If you would like us to contact you, please complete our enquiry form. Alternatively, you can book a meeting at a time convenient for you.

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