Buying a Home: How to Handle the Legal Documents
by Clare Stevens
Shopping for a home can be a little more complicated than
finding the property and the money to pay for it. Between you
and the night you sip champagne on the porch of your newly
acquired house lie mounds of paperwork, with very small print,
and jargon that you probably have neither the time nor
inclination to wade through.
Why you need a conveyancer
That's what conveyancers are for. As solicitors who specialise
in real estate properties, they can handle all the documents and
make sure that you are fully protected by the law.
For example, if you're selling your home, your conveyancer will
prepare the contracts and the property deeds. If you're buying
one, he will coordinate with your mortgage lender and handle all
the necessary searches to make sure that you're not being
swindled out of your well-earned pounds. These include a local
authority search (to check if your property is sitting on what
will later be converted into a highway), a drainage search, a
land registry search (so you know you're talking to the real
owner of the property), and a land charges search (to assure the
mortgage lender that you can afford the payments).
Some counties have an even longer list of required searches,
making a conveyancer even more important. For example, Cheshire
county residents need a brine search, to detect if the levels of
minerals present in the ground can affect your house or your
health. Most conveyancers will also evaluate your property for
any damages or hazards that may need repair or correction, which
he will then use to negotiate for a better sale price.
Your conveyancer will also be the one to deal with the
solicitor of your house's seller (or buyer, whatever the case
may be). He will prepare your offer sheet, schedule the
necessary meetings and negotiations, and then prepare the final
contracts. Once the sale has actually been made, your
conveyancer will also take care of the deeds and make sure that
the necessary documents are given to your mortgage lender.
Choosing a conveyancer
With the large amount of money involved in purchasing or selling
a home, and the paperwork required by the institutions that will
lend that money to you, the fees of a conveyancer are well worth
the investment.
Some conveyancers charge a fixed rate, others set the amount
according to a value of the property. However, fees should not
be the sole determining factor behind your decision to hire
someone as your legal representative. Choose someone that you're
comfortable with, who offers excellent customer service, and
will update you between the long stretches when documents are
being processed. As a rule, legal firms that specialise in
conveyancing are more likely to provide this kind of dedicated
service. You are guaranteed that you are talking someone who
knows the ins and outs of real estate, and will not have to
worry that the person assigned to you isn't too busy in the
courts to work on your documents.
It's also important to ask what is included in the fees, to
uncover any hidden charges or at the very least clarify who will
shoulder small costs of processing paperwork, such as
documentary stamps.