1. If you are the buyer your offer to buy the property is accepted by the seller or via his Agent.

2. You will instruct your solicitor to act on your behalf in the transaction by accepting Terms of Business and Fees/Disbursements for the transaction.

3. Buyer’s Solicitor will receive draft contract documentation from the Seller’s Solicitor

4. Buyer’s Solicitor then checks the title by reading contract documentation, raising enquiries and carrying out required searches, Buyer’s Solicitor will pay for the searches and other required documents.

5. On receiving all replies to enquiries, searches and other important checks buyer’s solicitor will complete his investigation of title to the property and report to the buyer and the mortgage lender whether the property is suitable to buy. The buyer then replies back, raise queries or confirms whether he is satisfied. At this point the buyer makes the decision to buy having had benefit of Legal Advice from his solicitor.

6. Once the buyer is happy to go ahead, he pays the contractual deposit usually 10% of the purchase price to his solicitor in readiness of exchange of contracts.

7. Once both the buyer and seller agree on a completion date Contracts are exchanged to complete the transaction on a fixed date which date is final and cannot be changed in normal circumstances.

8. Buyer’s solicitor will make arrangements to complete the transaction on the due date by carrying out final searches, sending out completion statement to the buyer, setting out monies required to complete and report to the lender to arrange and to receive  mortgage advance monies on the due date.

9. On the completion date, completion takes place with buyer’s solicitors paying the purchase price to the seller’s solicitor and the seller’s solicitor undertaking to hand over required title documents to the buyer’s solicitor. Release of keys and possession to the buyer arranged via the selling agent.

10. Once the transaction is completed buyer’s solicitor will apply to H.M Revenue & Customs to pay Stamp Duty Land Tax and thereafter apply to H.M Land Registry to register the ownership of the property to the buyer. Please note that this process takes a long period due to delays mainly at H.M. Land Registry. Once new ownership is registered buyer will receive Land Registry title Document and any other deeds from his solicitor thus completing the buying process and the transaction.

Time Scales

Usually, it takes between 4 to 6 weeks to exchange contracts from the time the Buyer’s Solicitor receives Draft Contract Package.  However, before that more time is taken by the selling agent to arrange the deal. Please note that this time scale may have to be extended if the transaction becomes complex and also to tie in with the chain of transactions which sometimes can become quite lengthy. This is particularly so if one party in the chain is buying a newly developed property or any transaction in the chain falls through.

Process is similar to the buying of property and shall apply in reverse when selling a property like the seller having to find a buyer through the agent or otherwise, instructing your solicitor to act on the sale etc.

Conveyancing Quality Scheme Protocol explains these steps in more detail which can be read by downloading under CQS Protocol explained to the house buyer.

If you already own a house, you would remember this process when you bought the property.

Time Scale

Time Scale for selling the property is similar to when buying a property as explained above, however, please bear in mind that again completion of the deal can be delayed due to breakdown of the chain or one party’s transaction falling through. Again, the time scale is 4-6 weeks or more.

When a person dies that person no longer owns any property or other assets which need to be transferred over to the rightful person, usually children or other close family members. The intention of the person dying known as the” Testator” is usually set out in a Last Will  made by that person, if no Will then this will be governed under Intestacy Rules and Law which is set out by statute. Once a person passes away if you need to be represented by a Solicitor you need to provide all the required information and documents to that solicitor including the Death Certificate, Will and all other documents of the deceased person, which would be examined by the solicitor who would advise you and take steps to apply for Probate or Letters of Administration which is granted by the District Probate Registry.  You need the Probate Document in order to get release of large bank balances or deposits and also to facilitate transfer of property. 

Before the transfers can take place, you may have to pay a tax to the government called Inheritance Tax and your solicitor will advise you whether such tax is payable.  Not all estates have to pay this tax.

Small estates do not pay this tax.

We have explained to you the solicitor’s costs and other fees involved in the Probate and Administration process elsewhere in this website.

Time Scales

Minimum time required for an estate of moderate value and size would be around 6 months to complete Administration and Distribution of the estate.  However, if the estate is very small it may be less , on the other hand if the estate comprises of many assets and properties it could take more time even up to two years and particularly so if there are disputes or disagreements between the executors and also the beneficiaries.