Appointing A Solicitor
Buying your home is likely to be one of the most important financial
transactions ever, requiring careful thought and planning. Unfortunately
the legal aspects of transferring the title of a property from one owner
to another are often full of uncertainties and can be very tricky. Nevertheless
they are unavoidable.
This is where your solicitor comes in. His job is to remove this burden
from your shoulders, to ensure that you get what you are buying without
any unpleasant surprises, that you are able to move into your house on
an agreed date and that it belongs to you legally when you do so. It is
much more than just a completion of formalities; the solicitor's role
is also to help, recommend and smooth the path to a successful conclusion.
He will examine the draft contract and look closely at areas of possible
concern. Does the person selling the property have legal ownership of
it? Is there a possibility of someone claiming the right of way across
your land? Are there any local development plans which could affect your
property? Only when your solicitor is satisfied that the way is clear
will he recommend that you finally commit yourself to the purchase.
At this point a date for completion is agreed between the seller's solicitor
and your own, sometimes a complicated business if your purchase involves
a "chain" of perhaps several house transactions which must all be scheduled
on the same day. Contracts are signed and exchanged, and you will be required
to pay a deposit, normally 10%. Both parties are now committed to the
sale. Thereafter your solicitor will see that the property deeds are delivered
to the rightful owner (yourself or your Building Society), that the necessary
stamp duty on documents and fees are paid to the land Registry and that
you are entirely free to take possession of your new home on the agreed
date.
It is possible that you never have used a solicitor before (if, for example,
you are a first time buyer) and we will be pleased to recommend you to
several firms of solicitors with whom we work closely within the area.
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