Relevant parties in the process and their role up until completion:
Estate agents – Once the offer has been accepted, a large part of the estate agents’ work is completed. However, care is still required to ensure smooth progress of the transaction. Typically speaking, this would include making sure that all parties are working towards exchange and completion, as well as identifying and resolving potential delays and being present for any re-negotiations further down the line. The estate agent will still be in regular contact with you until completion as they are the main point of contact for the buyer and the seller.
Solicitors/legal conveyancers – You can hire a qualified solicitor or a property conveyancer to handle your transaction. A solicitor has training in different branches of the law and may be qualified to provide legal services in a range of different legal fields (i.e. criminal law, property law and marital law). Solicitors are required to practice as members of ‘The Law Society’ in the UK.
On the other hand, a conveyancer is a specialist in the legal aspect of property sales and purchases so may not have the broader skillset. In fact, conveyancers are generally less expensive!
Your legal representative will complete searches, draft contracts, examine current deeds, provide advice, and raise queries on your behalf. Any negotiation’s that occur part way through the purchase will also be handled via your legal rep.
Contact us for recommended solicitors/legal conveyancers on 0204 548 3738 for more details.
Property surveyor – Your lender will require you to complete a property survey as they would like to confirm whether the property is worth the amount you are buying it for. The lender will be using the property as security in case you cannot pay back the loan amount. There are many types of surveys, some where the surveyor is working on behalf of you and others where they are working on behalf of the lender. We will be completing a blog on the different types of surveys, so keep posted.
Seller – The seller of the property will be responsible for providing responses in relation to queries, completing various forms in relation to the property and clearing out the property for move-in day. We recommend seeing the property just before exchange to ensure it is in the expected condition.
Buyer – You as the buyer will be key in the searches and enquiries process as any questions you have will be presented to the sellers’ solicitors before exchange of contracts. Upon signing the contract, you will be legally liable to complete (or will face potential penalties and even lose your deposit of 10% when exchanging contracts). You will receive the keys to the property after the sale completes, which is when all the funds are transferred to the seller/sellers solicitor, and the deed has been transferred to your name.
HMRC – Stamp duty land tax (SDLT) is payable on successful completion of the transaction. The amount you pay will depend on the purchase price of the property and your individual situation (for example, if you already own a property, you will have to pay a 3% surcharge). You can see the amount that will be due on our SDLT calculator here. Please note that SDLT is due within 14 days of completion however the funds will be passed over to your solicitor who will be responsible for paying to HMRC.
Key note: under current UK law, any party can withdraw from the transaction before exchange of contracts without any legal ramifications as the purchase becomes binding only when contracts exchange.