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Property – Residential & Commercial
Susan Howarth & Company
41 Chesterway
Northwich
Cheshire
CW95JE
Tel: 01606 48777
Fax : 01606 49777
info@susanhowarthsolicitors.co.uk
Property
Residential Conveyancing
As part of Susan Howarth & Company Solicitors services, the practice offers
expert advice on conveyancing, covering all legal aspects of buying and selling
property, whether it is domestic or commercial.
Property is often seen as the most significant capital investment you are likely
to make. By engaging the specialist services of Susan Howarth & Company Solicitors
you can be sure no stone is left unturned in ensuring all transactions are completed
to your satisfaction and to the highest standards.
Conveyancing
This is the legal process of transferring ownership or property rights from one person to another, from the seller to the buyer. There are three key stages to the conveyancing process:
1. Sale Agreed
The Buyer’s solicitor will:
- ask for money on account of expenses
- receive the contract and other papers from the Seller’s solicitor and will ask for any additional enquiries necessary
- carry out local authority searches(eg. land, water)
- ask you to agree the property information form
- receive the mortgage offer from the lender (if applicable)
- report to you with contract for signature and will request deposit
The Seller’s solicitor will:
- apply for your title deeds and land registry copies
- ask you to complete a property information and fixture, fittings and contents form
- prepare a contract and send it to the buyer’s solicitor and will answer any additional enquiries made
- negotiate the move date (completion)
2. Exchange of contracts – after this the sale becomes legally binding
The Buyer’s solicitor will:
- send the contract and deposit to the seller’s solicitor
- prepare the transfer and mortgage deed before sending them to you to sign
- arrange the final searches
- prepare the final searches and will request fees due
The Seller’s solicitor will:
- confirm the completion date
- receive the buyer’s deposit
- obtain a settlement figure from the mortgage lender
- approve the transfer deed and will arrange for you to sign it
3. Completion
The Buyer’s solicitor will:
- send the balance to the seller’s solicitor and will receive the signed transfer deed and in return
- pay any stamp duty (if required)
- register the transfer with the land registry
- send the title deeds to the lender
The Seller’s solicitor will:
- receive the balance of the purchase price
- pay off the balance of the mortgage
- hand the transfer deed to the buyer’s solicitor
- send you the balance or will use it towards any purchase of any property
Wills
Everyone should have a will, however we strongly advise that if you own or jointly own a property, you should seriously consider making a will. The Laws of Intestacy are complex and can mean that your loved ones or the people you intended to benefit from your estate may not be entitled, or may have difficulty in administering your estate.
Commercial Property
A commercial property transaction, though seemingly similar in some ways to residential conveyancing to the lay person, in reality differs radically both procedurally and technically. A solicitor handling this work must be aware of the business and commercial implications surrounding the transaction and the client’s business needs. It is up to the solicitor to assist the client and their business when such transactions are being undertaken and overcome obstacles as speedily as possible that could otherwise affect the client’s business. With this in mind, whilst it is essential that no corners are cut which may compromise the client’s position, the solicitor must always endeavour to deal with the transaction in the most efficient and cost-effective manner throughout for the benefit of the client.
We can help you with the following transactions:
- property sales and purchases
- business sales and acquisition
- leases and renewals – for landlords and tenants
- site acquisitions, disposals and development advice
- commercial finance including remortgages
If you would like a free quotation or to discuss your proposed transaction please contact Jane Howarth on 01606 48777 or e-mail janehowarth@susanhowarthsolicitors.co.uk