Buying & Selling Your Home

SALE

STEP 1: Putting Your Property on the Market

When you decide to sell your property, you will want to make sure that the price that you achieve will be its highest in the current economic climate. It would therefore, be wise to obtain at least two independent valuations of the property from local estate agents.

STEP 2: Which Estate Agent?

When deciding which estate agent to appoint, you will need to discuss their terms and conditions with them and appoint the most favourable for you. Make sure that you check what their commission rates are, whether they will tie you into a sole agency and for how long, and how they intend to market the property for you.

STEP 3: Negotiating with the buyer

Once a buyer has been found you may wish to negotiate the selling price through your estate agent. However, price should not be the only factor upon which you make a decision to sell to a particular buyer. You may wish to consider, whether the buyer has a property to sell, if they require a mortgage to buy property will be needed and so on.

STEP 4: Instructing your Solicitor

When choosing a solicitor, you should make sure that your solicitor has sufficient experience in dealing with property law and can provide a cost efficient service.

STEP 5: Completing the Sellers Property Information & fixtures & Fittings Forms

Once you have appointed us we will send to you a Sellers Property Information Form (Freehold) or (Leasehold) and a Fixtures and Fittings Form for you to complete and return to us. These forms must be completed by you honestly and will contain questions about the property and what items will be included in the sale price.

STEP 6: Applying for Office Copy Entries

We will also apply to HM Land Registry for office copy entries relating to your property. The office copy entries will prove that you are the owner (s) of the property and are therefore entitled to sell. The Land Registry currently charges a fee of £8.00 for this.

STEP 7: Contacting your Lender

If you have a mortgage, we will obtain your title deeds from your lender and ascertain how much is left owing and we will obtain your title deeds. The lender is likely to charge a fee for releasing the deeds, which will be debited to your mortgage account. If you do not have a mortgage secured on your property you will need to know where your title deeds are located.

STEP 8: Exchange of Contracts

Once we have obtained all the above information, we will prepare a draft contract and will send this along with various supporting documents to the buyers solicitors to approve. Until exchange of contract, which is a formal procedure between the buyers solicitors, and us you are not legally bound to sell to the buyer. However, once contracts have been exchanged neither, you or the buyer can withdraw from the contract without incurring severe financial penalties.

On exchange it is usual that the buyer will pay a 10% deposit of the agreed purchase price.

STEP 9: Completion

Once contracts have been exchanged you will have a date for completion. This will be the day you move out and the buyers move in. We will deal with formal completion and when this has occurred, we will immediately advise you. You may then wish to leave the keys with your estate agent. The keys will only be released once we have confirmed that we have received cleared funds of the balance of the purchase price. If you have a mortgage, the balance outstanding will be deducted and paid to the lender. We will then send you the balance of monies due to you, having deducted our costs for our service.

STEP 10: Contact Utility Providers

You should ensure that you notify all utility providers that you have now left the property. The main ones being, gas, electricity. Cable, telephone, and the council.


BUYING

Step 1: Funding your Purchase

Before you begin looking for your ideal home, you will need to ascertain how you will fund its purchase. Will you buy in cash or will you need a mortgage? You are likely to have saved enough for its deposit but chances are you will need a mortgage. This being the case, you will need to obtain a mortgage offer either with a building society, a bank or other recognised lender. The mortgage offer will at this stage be in principle subject to the lenders survey of the property. We have established links with local Independent Financial Advisors who may be able to help you.

STEP 2: Viewing the Property

Once you have found the property that you wish to purchase, you will need to make an offer. If this offer is accepted, you should ask the estate agent to stop further viewings as you will inherently run the risk of being gazumped.

STEP 3: Get a Survey

When you have found the property you wish to purchase and your offer has been accepted, you will need to tell your lender. Your mortgage lender will insist that a mortgage valuation is carried out before they will give you a formal mortgage offer. As its name suggests the mortgage valuation merely puts a value on the property. It does not deal with the condition of the property or give any guarantees about the state of the property. It may therefore, be advisable to get a Home Buyers Report or a Full Structural Survey.

STEP 4: Instructing Us

When choosing a solicitor, you should make sure that your Solicitor has sufficient experience in dealing with property law and can provide a cost efficient service.

STEP 5: Searches

Once instructed, we will submit a local authority search and any other searches relevant to the area in which the property is being purchased. The main search is the local authority search. This requests certain information as to the areas where you are purchasing and about the property itself. For e.g. have their been any planning applications made against the property, who is responsible for maintaining the access road etc. The local authority will reply on a standard form and for doing this, they will charge a fee. The amount of fee will vary from one local authority to another.

If you are obtaining a mortgage, we will also carry out a bankruptcy search against each purchaser. At present the fee equates to £2.00 for each individual search.

STEP 6: Consider the Draft Contract, the Sellers Property Information & Fixtures & Fittings Forms

We will consider the above documents once these have been received from the sellers solicitor. If anything needs to be amended or altered we will also deal with this. We will also provide you with the completed forms to ensure that you agree all the terms upon which you have agreed to buy.

STEP 7: The Survey Report

Once this has been obtained you should read this very carefully. If the survey reveals material building defects, this may reduce the value of the property. You may then wish to re-negotiate the purchase price or abandon its purchase altogether.

STEP 8: The Mortgage Offer

Assuming that the survey does not reveal any material defects, your mortgage lender will give you a mortgage offer.

STEP 9: Exchange of Contracts

We will formally exchange contracts with the seller's solicitors. Until exchange of contract, you are not legally bound to buy from the seller. However, once contracts have been exchanged neither, the seller nor you can withdraw from the contract without incurring severe financial penalties.

On exchange it is usual as buyer, that you will pay a 10% deposit of the agreed purchase price. At the same time, a completion date would also have been agreed with the seller's solicitors. The completion date is the actual date that you would be able to move into the property. It is also the day when the balance of the purchase price is paid to the sellers. You should make sure that you have life cover in place from the date of exchange together with building insurance if advised to do so.

After exchange we will carry out a pre-completion search with HM Land Registry. This is to ensure that nothing has been entered onto the land register, which could adversely affect your interest. At present the Land Registry search fee is £4.00.

Step 10: Completion

The completion date is the day that you can move in. You lender would have sent us the balance of the purchase price and you will have paid any balance of the purchase price and solicitors costs and disbursements. On the day of completion, we will send that money to the seller's solicitor, using the electronic banking system. The seller should have left the keys with their estate agent. Once the seller's solicitors have confirmed that they have received the balance of the purchase price the estate agent will release the keys to you.

STEP 11: Formalities

Once you have completed your purchase, we will deal with the remaining legal formalities. These include having the Transfer Deed stamped by the Inland Revenue and paying stamp duty. At present, stamp duty is charged at 1% on all properties between £60,000-250,000. 3% is charged on all properties between £250,000-500,000 and at 4% on all properties over £500,000

We will also register your ownership of the property with HM Land Registry and provide you with copies confirming your ownership.

14-16 Ewell Road | Cheam Village | Sutton | Surrey SM3 8BU | Telephone 020 8661 0000 | Fax 020 8661 0110
E-mail enquiries@arorabailey.co.uk