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Changing the way properties are sold

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    • How to Sell a Home
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    • Conveyancing
    • FAQ
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How To Handling Legalities

By

Grant Saxon Rowe

Posted in how to sell a house On 11th April 2024

When selling your home in the UK, managing the legalities and paperwork is essential to ensure a smooth transaction. As property seller, you must be diligent and organized to navigate this process effectively. This guide is not legal advice but more about the common sense approach to handling the legalities and paperwork involved in selling your home:

If you have a mortgage then you will need to involve either a Solicitor or a licensed Conveyancer the two are different, both are regulated and some may still use hanging files on the office floor whilst others use modern cloud based systems which means you are more likely to achieve a better service.

1. Hire a Conveyancer or Solicitor

Your first step should be to get personal recommendations and to check their reviews. We have a No Sale No Fee team of conveyancers we have used many times. They will oversee the legal aspects, guide you through the process, and ensure that all documentation is correctly handled.

2. Prepare Essential Documents

Before listing your home, you need to gather and prepare several key documents:

  • Energy Performance Certificate (EPC): Legally required to sell your home, this document rates your home’s energy efficiency.
  • Title Deeds: These prove your ownership of the property.
  • Property Information Form (TA6): Provides potential buyers with detailed information about the property, including boundaries, disputes, and any known issues.
  • Fittings and Contents Form (TA10): Specifies which fittings and fixtures you intend to include with the sale.

3. Conduct Property Searches

Your conveyancer will conduct various searches to identify any legal impediments to the sale. These searches include local authority checks, environmental searches, and drainage searches, revealing issues that might affect the property’s value or future use.

4. Draft and Review the Contract

Your solicitor will draft the initial sales contract, which includes the sale price, deposit required, and completion date. This draft will be sent to the buyer’s solicitor for review. Be prepared to respond to any enquiries they might raise regarding the contract or the information provided in the forms.

5. Address Buyer Enquiries

The buyer’s solicitor will likely raise specific enquiries based on the draft contract and property searches. It’s important to respond accurately and honestly, with the assistance of your solicitor, to avoid future legal issues.

6. Exchange Contracts

Once all parties agree on the contract, and all enquiries have been addressed, you will proceed to exchange contracts. This legally binds both buyer and seller to the transaction. At this stage, pulling out without legal reasons involves significant penalties.

7. Prepare for Completion

Completion is when the property officially changes ownership. Ensure all financial arrangements for the transfer of funds are ready. Organise the practical aspects, such as moving out and arranging for the keys to be handed over.

8. Post-Completion

After completion, your conveyancer will handle the final steps, such as registering the change of ownership with the Land Registry and settling any remaining payments due (like the estate agent’s fees).

9. Keep Records

Keep copies of all documents and correspondence related to the sale. These records can be important for your financial records and useful if any post-sale issues arise.

By following these steps and working closely with your conveyancing solicitor, you can manage the legalities and paperwork of selling your home in the UK efficiently and effectively. This organised approach will help mitigate any potential stresses associated with the home selling process.

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