Tips And Traps – Residential Conveyancing

Residential Conveyancing, the buying or selling of property, can be one of the biggest steps you take in your life, and we believe is important to know what is happening at every stage of the process and understand why. Our experienced solicitors at Garner & Hancock can explain and take care of everything from start to finish, who they can telephone and speak to. 

It is said that moving house ranks up there alongside Death and Divorce as the three most stressful experiences in modern life. They say that it is worse than losing your job, your hair or anything else you can think of. The biggest source of that stress is the dreaded “chain” – a whole line of people itching to move at different times in different directions.

When moving house you  need to be able to contact your solicitor whether Brenda or Kiran and you will know what is happening and why it is happening . You also be explained what to do and when to do it. Garner & Hancock recognise just how important this is to you.

Request for a Legal Consultation

Garner & Hancock realise that the prospect of pursuing a legal matter can be challenging, so we offer an initial phone consultation to discuss your options, and to give you information that will help you make the right choices affecting your case.

The process 

1. The good bad and ugly  – Estate Agents

The estate agent who asks the cheapest commission and suggests the highest asking price for your property isn’t necessarily your best choice. What you want is an estate agent who is pro active in finding you a buyer. Buyers prefer firms which are established, courteous and efficient to those with high prices and low commissions for sellers. Estate agents who price their properties realistically are more popular with buyers.

When trying to select an Agent why not do some market research. Telephone an estate agent to see how they would persuade you to buy a house from them. Find out how many sales staff they have. Are they competent, qualified and pleasant to deal with? Is it easy to get through or is the phone permanently engaged? Do they return your calls?

2. My ideal home – I don’t want to lose it – Take off those rose tinted glasses and look

We know you will fall in love with a property but be critical. Look round carefully and take someone else with you. Check for damp, cracks, loose tiles and leaking pipes. If problems exist, you may not find out until it is too late. Take off those rose-tinted specs and see the house for what it is. Visit at different times of the day and night.

3. Buyer makes offer

The estate agent may insist on you meeting their financial adviser before making an offer. You do NOT have to do so. Ask the estate agent if they would prefer you to make your offer direct to the seller yourself. Don’t offer more than you can afford. Speak to an independent financial adviser and find out how much money you can borrow on mortgage to buy your new home. Houses are expensive to maintain. Your dream home won’t be much fun if you have to live on lentils to pay for it the rest of your life.

4. Seller rejects offer

Don’t be put off, it is currently a buyers market

5. Buyer increases offer and seller accepts offer

The buyer need only increase the offer by a few pounds in some cases. It is an established negotiating formality. No one has bought or sold anything yet – the whole thing could still fall through.

  • The seller may decide that they no longer want to sell
  • The love-struck young home buyers might fall out of love
  • The surveyor may discover the house is suffering from subsidence
  • The solicitor may discover the house is built on top of a mineshaft
  • Anything can happen!

If there is a chain involved, the risk increases according to the number of people in the chain

6. Estate agent suggests you appoint a solicitor

Don’t go with their choice. There is usually a referral fee involved. Check with them whether any such arrangements exist. We are Garner & Hancock never pay estate agents referral fees all our work comes from our website and referrals.

7. Buyer tries to find a mortgage

There are some 2500 different types of mortgage. Just because you’ve always had a mortgage with the Barclays Bank doesn’t mean you always should. Shop around, talk to all banks and building societies. Or else get a good financial adviser. Many people think it wise to get a second or even third opinion before committing themselves. Garner & Hancock are on most Panels.

8. Buyer gets a survey

Keep your fingers crossed. This is not the same thing as the local search

9. Everybody waits for everyone else

There has to some waiting: surveys don’t produce themselves, local searches are produced by local councils. Speedwise, some mortgage lenders can make a slug look like Michael Schumacher. Make sure you know exactly what your solicitor is waiting for. If you don’t know, ASK.

BEWARE: anyone can still pull out at any time for any reason.

10. Your solicitor asks you to sign the contract

Make sure you know exactly what you are signing for. Ask your solicitor to explain what the local search revealed, what the restrictive covenants are and the terms of your mortgage. Check the figures on the contract. Make sure the mortgage conditions are what you were expecting. Your solicitor will of course do this without being asked if you followed STEP SIX correctly

  • Have your deposit ready if you are buying
  • Decide when you would like to complete
  • Anyone can STILL pull out, even now that you have signed the contract.
11. Your solicitor exchanges contracts

You are very nearly there. If any one pulls out after exchange of contracts we ave our dispute resolution department who will help you claim compensation.

Start saving boxes. Book your removal van. You now know the date you will be moving house. Contact the Gas and Electricity board, the Telephone people, the Post Office. Tell the Local Council.

12. Completion date

This is it. The big day. You are moving house. Your solicitor pays over the money and you collect the keys. You can really celebrate now. Unpack those boxes, put the kettle on, pour yourself a stiff drink, get your paintbrushes out. Do just whatever you want (well, within the law) because that dream house is now yours.

Our Guarantee

We believe our business begins and ends with you and your needs, as our client. Therefore, we are committed to providing the best client care and advice which will give you confidence that your matter is handled with the utmost care.

How Can We Help You?

We’re here to assist you. Simply send us your query, and we’ll provide an initial consultation to anyone seeking legal assistance. Don’t hesitate to contact us anytime for help with your legal matters.