BUYING A HOUSE
THE STEPS TO TAKE
1. Agree a price with the Estate Agentor seller
2. Provide Estate Agent with your Solicitor's details
3. Decide on your finance
4. Decide on a property survey
5. Your solicitor takes delivery of the HIP
6. The Local Authority Search
7. Any issues arising from the enquiries
8. The mortgage offer
9. Exchange of Contracts
10. Completion date
11. Signature of Documents
12. Completion and fees
13. After Completion
14. Move in!
1. Find your
property and agree the price with the Estate Agent or directly with the seller.
2. Provide the Estate
Agent with the name address and contact details of your Solicitors and the person who will deal with it there.
3. Decide on your finance
and contact the preferred mortgage lender.

4. Decide if you want a full survey and discuss this
with your mortgage lender. Most lenders will provide, at your
expense, either a valuation survey, which really is for their
benefit, or a full survey, at a higher cost, which is your survey.
We urge you to have a full survey. This serves
three purposes:
i)
It will tell you if there are any defects in the building,
which you should know about.
ii) It gives you ammunition to negotiate on the price
if there were hidden defects that you could not have known aboutwhen
you first made your offer of purchase.
iii) If there are hidden defects which have not been spotted
by your surveyor but which you could not have known about, then, since you are entitled to rely upon your surveyor's expertise
in preparing a survey, you might have a negligence claim against the surveyor if such defects should appear and prove
to be expensive.

5. The seller's solicitor will deliver to your solicitor a HIP package (for details of a HIP package click here).

6. The HIP package will include a Local Authority Search which answers basic
questions about the property and warns you if your particular
property is going to be affected by major works such as new
roads or if the property is subject to planning consent. However,
be warned. It will not tell you if there are to be developments
to the property next door, or behind and you may be advised
to further investigate this possibility.

7. Once these documents
have been received your Solicitor will advise you on
any problems that are revealed in the deeds, in the Local Search
or of Planning Consents.

8. Whilst you are waiting
for this information and the result of any further enquiries, your mortgage lenders will be inspecting and valuing the property, investigating your
ability to pay the mortgage and will then make an offer which
they will send to your nominated solicitor who will act on behalf
of you and also on behalf of the mortgage lender in proceeding
with the purchase.

9.
Once all is in good order your Solicitor will then be ready
to exchange Contracts. If you are just buying
this is relatively straightforward. If you are selling a house
at the same time it would normally be your wish that your Solicitor
should arrange to effect a contemporaneous exchange of contracts
on your sale and purchase and this can be very tricky. It is
sometimes necessary to work hard to keep everybody happy and
to persuade other parties to be patient if you are not quite
ready so as to hold the chain of transactions together. When
your Solicitor is ready to exchange you will need to pay
a deposit, normally 10% of the purchase price. If you are
selling the deposit you receive from your sale can be used as
part of the deposit for your purchase. If the property has a
very high value, or if completion is agreed to be delayed, it
is sometimes possible to persuade your vendor or his/her solicitor
to accept a deposit of, say, 5% rather than a 10% deposit. However,
you should not rely upon this being possible without having
reached agreement first and if finding a 10% deposit is a problem
for you, you should raise this with your solicitor as soon as
possible. The deposit needs to be in your Solicitor’s
possession as cleared funds on the day of exchange and it is
best transferred directly into your Solicitor’s bank account.
If it is to be sent by cheque it should be sent at least 6 working
days before contracts are to be exchanged. If your Seller agrees
to accept a deposit of less than 10% you must be warned that if you fail to complete the purchase the contract will
contain an obligation for you to pay the full 10% which will
be recoverable from you by legal action if, having failed to
complete, you have not paid a full 10% deposit. The contract
will also provide for the seller to be able to make other claims
against you in the event of your delaying completion or failing
to complete. The seller will be entitled to be compensated for
expenses and losses that the seller has suffered if you have
not fulfilled your obligation under the contract.

10. Before contracts
can be exchanged all parties need to agree on a Completion
Date, which is the date when the rest of the money
over and above the deposit and including the mortgage money
will be transferred to the Seller and the keys will be handed
over and you can if you are ready move in. This date has to
be agreed at the time of exchange of contracts and
you should think about what dates are convenient to you and
how they will affect others by the time you are ready to exchange
contracts. Between exchange and completion your Solicitor needs
to carry out further searches at the Land Registry both on behalf
of the mortgage lender and for you to ensure that there are
no unexpected mortgages registered and that the parties to the
transaction are solvent. Traditionally completion took place
28 days after exchange of contracts. Nowadays with technology
and emails this time can be greatly reduced. Two weeks is comfortable,
one week is possible, less than that is very stressful.

11. Between exchange
and completion you would also have to have signed the
mortgage deed usually at your Solicitor’s offices
in the presence of a Solicitor and you will sign other completion
documents. If the property is leasehold and you are acquiring
a new Lease you will have to sign a counterpart Lease and that
must be delivered to the freeholder before Completion.

12. On the Completion
Date your Solicitor will transfer the money to the
Seller’s Solicitors by automated bank transfer. Your Solicitor
will therefore need to receive the money from your mortgage
lender (usually sent early on the day of completion) from you
(preferably received the day before) and your Solicitor will
also need to receive payment for our professional fees and for
the disbursements that your Solicitor will have incurred on
your behalf, particularly the stamp duty and Land
Registry fees. Unfortunately under new Revenue rules your
Solicitor also have to ask you to fill in a complex stamp duty
tax return which your Solicitor will assist you in preparing
but which has to be signed by you.

13. What happens after
completion? Your Solicitor will pay the Stamp Duty and act in registering your title and when the title is
registered at the Land Registry your Solicitor will send a copy
of the deeds to you and to your mortgage lender to be kept as
evidence of your ownership of the property.

14. And you move in!
| WGS Solicitors can provide a HIP rapidly.
Provided you use WGS for the property sale we will not charge for ordering the HIP. Otherwise:
Freehold HIPs will cost from £299 + VAT.
Leasehold HIPs will cost from £329 + VAT
external links:
To find out more about Home Information Packs visit Central Government HIP's page:
www.homeinformationpacks.gov.uk
or Local Government HIP's page:
http://www.communities.gov.uk/
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