Residential Property

Residential Property

Whether you are buying your first home or your dream home, our experienced solicitors and lawyers will guide you through the conveyancing process.

We value our reputation which is based on exceptional service and that’s why our clients come back to us and recommend us to others too. That’s important as we believe that the expertise and service we offer our clients sets us apart.

If you are moving home, or buying and selling an investment property or taking out a mortgage we are here to help you through every step of the process.

Our residential property team can help you with:

  • Selling a home
  • Buying a home
  • Auction sales and purchases
  • Transfer of equity
  • Buy to let
  • Right to Buy
  • First time buyers
  • Leasehold
  • Freehold
  • Mortgages
  • Equity release

Our expert conveyancing team are on hand to help your matter proceed as smoothly as possible and provide you with peace of mind:

  • we use direct dial
  • we will keep you informed throughout the conveyancing process (by email and telephone)
  • we offer appointments outside of 9-5 please ask, and
  • we are based in offices across East and West Sussex

Whether you’re buying or selling please contact us to arrange the next step!

In a nutshell, conveyancing is the legal work involved when buying or selling property or transferring the ownership from one person to another.

Most people use a law firm to do the work for them as buying and selling properties can be a complicated business and is governed by legislation and common law.

If a mortgage loan is involved you will need a lawyer.

No two purchases are exactly the same and there are many factors that will impact how we handle the transaction and our fees. For example, the purchase of a new build flat takes much more time to deal with than the purchase of a Victorian semi-detached house. Other examples of where we charge more are whether or not the title to the property is unregistered, if the building is listed, or if you are buying with a mortgage, if the title is defective or if the lease term is short and needs to be extended.

We will give you an estimate that is tailored to you and your purchase at the start of the transaction and this gives you a much better idea of the costs involved.

We do not charge fixed fees. Our fees are charged at our hourly rates and how long we think a matter will take.

As a guide and based on a simple and straightforward purchase for a property with a value of under £750,000 we estimate our fees as:

£1,300 – £1,600 + VAT for a freehold purchase

£1,500 – £1,700 + VAT for a leasehold purchase

£250 + VAT for acting for a lender

Depending on the nature of the transaction, our fees could be higher; up to £2,000 or more (plus VAT) if there are complexities or if additional work is required or more time spent than originally envisaged.

For the purchase of a new build property our fee may exceed £2,000 + VAT and expenses.

Additionally we charge:

£40 + VAT for each bank transfer fee

£40 + VAT for file storage

£20 + VAT for electronic ID check

If the property is worth over £750,000 or has a very high value or is a large estate you can expect to pay more.

Expenses

These are the typical expenses you can expect to pay:

Freehold  
£3 + VAT – Land Registry documents (each document)
£350 + VAT (approximately) – for searches and reports
£3 + VAT – Land Registry Pre-completion search
£2 + VAT – (per name/search) bankruptcy search
(if you are buying with a mortgage)
Leasehold
£3 + VAT – Land Registry document (each document)
£350 + VAT (approximately) – for searches and reports
£3 + VAT – Land Registry Pre-completion search
£2 + VAT – (per name/search) bankruptcy search
(if you are buying with a mortgage)
£100 + VAT (approximately) – for notice of transfer and charge to be served on the freeholder

Possible further expenses are:

For leasehold purchases, if you are buying a share in the freehold, there is a further Land Registry registration fee to pay.

If you are buying a share in a company that owns the freehold, there is usually a fee to transfer the share certificate and you should budget for about £100 (plus VAT) .

The Land Registry application fee is based on the value of the property. Please use the link to check
https://www.gov.uk/guidance/hm-land-registry-registration-services-fees#scale-2-fees

Stamp Duty Land Tax is based on the purchase price and other factors. Please use the link to check
https://www.tax.service.gov.uk/calculate-stamp-duty-land-tax/#/intro

The list of expenses is not exhaustive and other expenses may be payable depending on factors that arise during the purchase.

The stages and what our fee includes

  • taking instructions from you, opening a file and writing to you with our letter of engagement and some forms to complete
  • you sign and return the letter of engagement (to confirm your instructions) and complete and return the forms
  • we verify your ID and you let us have money on account
  • we receive the contract and supporting papers from the seller’s solicitors, check them and raise enquiries of the seller’s solicitors
  • we prepare a report on the title for you and send the contract to you to sign and return together with a plan of the property and the Stamp Duty Land Tax form
  • if you are buying with a mortgage, we receive instructions from the lender and a copy of your mortgage offer
  • we check the lender’s requirements and make sure they can be complied with and we report to you on the terms of the mortgage offer and arrange for you to sign and return the mortgage deed
  • we request searches, check the results and report to you
  • for leasehold properties, the seller’s solicitors send to us the management information and we check it
  • you sign the contract and other documents and return them to us
  • you arrange the buildings insurance (for freehold purchases)
  • once we have received satisfactory replies to enquiries and search results we let you know so that you can arrange with the estate agents a completion date that the seller and other parties in the chain agree
  • you let us have the deposit (unless you have a related sale) which is usually 10% of the purchase price
  • we exchange contracts
  • between exchange and completion, we carry out pre-completion searches at the Land Registry and provide you with a completion statement
  • if you have a mortgage we request the money from the lender
  • completion takes place and we send the completion money to the seller’s solicitors and once received, they confirm completion and the estate agents release the keys to the property for you to collect
  • the seller’s solicitors send the transfer document to us and we register it (and the mortgage) at the Land Registry
  • for leasehold properties, we serve notice on the freeholder that you are the new owner (and you have a mortgage)
  • once the registration at the Land Registry has been completed we send a copy of the title to you

What our fee does not include

Our fee is based on certain assumptions and on the basis that:

  • no associated work is required such as dealing with an unregistered title or a transfer of equity or a lease extension
  • the matter proceeds in a simple and straight-forward manner and with the standard amount of contact with you, your broker (if any) and lender that we would expect
  • there are no unusual complexities. Examples of complexities that may arise include discrepancies in the title, adverse entries in the search results, dealing with multiple titles, time sensitivities or private drainage
  • Our fees do not include dealing with a number or areas such as occupier’s consent forms, guarantees, gifted deposits or deeds of covenants. We charge extra for these and some other services.

How long will it take?

Each transaction is unique and it’s hard to say with certainty how long it will take especially where there are a number of sellers and buyers in a chain.

As a guide most freehold purchases take between 4 to 6 weeks from the time we receive the contract package to the point of exchange of contracts. In the case of a leasehold purchase, a guide is 6 to 8 weeks from receipt of the contract pack from the seller’s solicitors to the point of exchange of contracts. It could take less time or much longer and we cannot control the time as we are dependent on third parties.

We endeavour to keep you up-dated as the purchase progresses.

Most completion dates are one week after exchange of contracts but again, it could be longer but is not often shorter.

Who will do the work for you?

It’s important to know! We have a highly regarded team of solicitors, legal executives and paralegals who collectively have many years experience. We aim to provide you with clear and practical advice throughout and to work to your timescale wherever possible.

If you would like to find out more or would like to instruct us or have any queries, please get in touch conveyancing@coolebevisllp.com or call one of our offices.

There are many factors that impact how we handle a transaction and our fees. For example, a flat sale takes much longer to deal with than a semi-detached house. Other examples are whether or not the title to the property is unregistered or if the building is listed, if the title is defective or if the lease term is short and needs to be extended.

We will give you an estimate that is tailored to you and your sale and this gives you a much better idea of the cost and the expenses.

We do not charge fixed fees. Our fees are charged at our hourly rates and how long we think a matter will take.

As a guide and based on a simple and straightforward sale for a property with a value of under £750,000 we estimate our fees as:

£1,200 – £1,400 + VAT for a freehold house sale

£1,300 – £1,600 + VAT for a leasehold sale

Depending on the nature of the transaction, our fees could be higher; up to £2,000 or more (plus VAT) if there are complexities or if additional work is required or more time spent than originally envisaged. For example, if you are selling a flat and it transpires that the lease term needs to be extended, we charge more.

Additionally we charge:

£40 + VAT for each bank transfer fee

£40 + VAT for file storage

£20 + VAT for electronic ID check

If the property is worth over £750,000 or has a very high value or is a large estate, you can expect to pay more.

Expenses

These are the typical expenses you can expect to pay:

Freehold
£3 + VAT – Land Registry documents (each document)

Leasehold

£3 + VAT – Land Registry documents (for each document)

£350 + VAT (approximately) – for management information

And if required:

£100 + VAT for a deed of covenant (payable to the freeholder or managing agent)

£600 + VAT for a licence to assign (payable to the freeholder/freeholder’s solicitors)

The list of expenses for a freehold or leasehold sale is not exhaustive and other expenses may be payable depending on factors that arise during the sale.

Possible further expenses are:

Indemnity Insurance policies. These are used to fix defects in titles. The price of a policy varies according to the value of the property and the nature of the defect.

The stages and what our fee includes

  • Taking instructions from you, opening a file and writing to you with our letter of engagement and some forms to complete
  • you sign and return the letter of engagement (to confirm your instructions) and complete and return the forms to us
  • we verify your ID and you let us have money on account
  • we obtain a copy of the title from the Land Registry and check it
  • if you have an existing mortgage over the property, we obtain a redemption statement
  • we prepare the contract and transfer and send it to the buyer’s solicitors
  • we obtain the management information from the freeholder/managing agents (for leasehold properties) and send that to the buyer’s solicitors
  • we review the enquiries raised by the buyer’s solicitors and take instructions from you
  • once approved by the buyer’s solicitors, we send the contract and transfer to you to sign and return to us
  • after all the enquiries have been answered and you have returned the contract and transfer (and where relevant we have a redemption figure), you agree a completion date with the buyer
  • exchange of contracts takes place
  • between exchange of contracts and completion we obtain a final redemption statement (if relevant) and provide you with a completion statement
  • completion takes place once we receive the money from the buyer’s solicitors
  • we pay off any existing mortgage and pay the estate agents
  • we send the net sale proceeds to you or use them for your related purchase

What our fee does not include

Our fee is based on certain assumptions and on the basis that:

  • no associated work is required such as dealing with an unregistered title or a lease extension
  • the matter proceeds in a simple and straight-forward manner and with the standard amount of contact with you, your broker (if any) and lender that we would expect
  • there are no unusual complexities. Examples of complexities that may arise include discrepancies in the title, dealing with multiple titles or listed buildings
  • Our fees do not include a number of areas including dealing with deeds of covenants, licences to assign, lease extensions, private drainage as we charge extra for these and some other services

How long will it take?

Each transaction is unique and it’s hard to say with certainty how long it will take especially where there are a number of sellers and buyers in a chain.

As a guide most freehold sales take between 4 to 6 weeks from us sending the contract pack to the buyer’s solicitors to the point of exchange of contracts. In the case of a leasehold purchase, a guide is 6 to 8 weeks from us sending the contract pack to the buyer’s solicitors to the point of exchange of contracts. It could take less time or much longer and we cannot control the time as we are dependent on third parties.

We endeavour to keep you updated as the sale progresses.

Most completions dates are set for one week after the day of exchange of contracts but again, it could be longer but is not often shorter.

Who will do the work for you?

It’s important to know! We have a highly regarded team of solicitors, legal executives and paralegals who collectively have many years of experience. We aim to provide you with clear and practical advice throughout and to work to your timescale where possible.

If you would like to find out more or would like to instruct us or have any queries, please get in touch conveyancing@coolebevisllp.com or call one of our offices.

Local Authority search

This is a search of information about the Property held by the Local Authority. Examples of the information you might find out includes planning and building control information or if a road is maintained by the Council. It is specific to the property and will not reveal anything about neighbouring properties.

Water and drainage search

This will show if the property is connected to mains water and drainage and provides other useful information.

Environmental report

This provides information about the contamination risk and other factors such as past commercial use, any nearby landfill, ground stability and energy and infrastructure projects nearby.

Planning report

Unlike the Local Authority search, this will give you the planning history not only for the property you hope to buy but also for properties in the surrounding area.

Flood risk assessment

As the names suggests, it is an assessment using information from official sources of the flood risk for the area, a useful report given the increase in flooding in recent years.

Chancel repair liability insurance

This is an ancient liability and is a potential liability to pay towards the cost of the chancel repairs for a local Church. It is in the process of being abolished but may still be relevant in certain circumstances. It is cheaper to take out a policy of insurance rather than obtain a search and then insure.

This is not an exhaustive list and there are other reports that are relevant to a specific location such as:

  • Coal mining reports
  • HS2
  • Energy and infrastructure
  • Cross rail
  • Common land
  • Tin or brine mining

We’ll let you know if you need others.

We understand property law and our expert team of residential solicitors and conveyancers explain it to you in a helpful and informative way.

Every transaction is different and we have seen them all, houses, flats, cottages, bungalows, city centre apartments, country mansions or house boats across England and Wales and we can help you with yours.

We know how important buying and selling is to you and work with you, the estate agent and mortgage broker to complete all your legal work and provide our customers with the advice you need.

What are they and what do they mean for you? Are they necessary?

These are not usually something you come across unless you are involved in buying and selling a property but they are standard for residential conveyancing. There are a variety of searches available which not only provide information about a property but some will provide details about land in the area.

The purpose of the searches is to discover information which may impact on your decision to buy the property.

If you are buying with a mortgage, you will need to have some searches and reports. Even if you don’t need a mortgage we recommend you should have searches to protect your investment.

It depends on where the property is located as Local Authority Searches vary in cost. You should budget for between £300 – £400. The amount of money is small compared to the purchase price.

The reports are usually desktop and are available on the same day. The Local Authority and water and drainage searches take longer and vary in timescale depending on where the property is located.

Guides for people looking to buy or sell a home in England and Wales

Accreditations

The Law Society – Conveyancing Quality

RESIDENTIAL PROPERTY TEAM

FAQ’s

Do I Need A Solicitor To Remortgage?

A remortgage is treated by a lender much in the same way as a purchase. Your mortgage lender will require your conveyancing solicitor to check the title for any defects or restrictions and carry out the appropriate searches on their behalf. Your conveyancing solicitor will ensure that any old mortgage is removed and the new one registered correctly at Land Registry for them.

What Searches Do Conveyancers Do?

When you instruct a conveyancing solicitor to act for you on your purchase, one of the first things they will do is ask you for money. This is to pay for the searches. There are many different types of conveyancing searches and it is important that your conveyancer establishes which searches are relevant to the property you are buying. Please see our section on conveyancing searches which contains information the types of searches that are typically carried out in a residential purchase.

How Quickly Can Conveyancing Be Done?

It is difficult to provide an exact timescale as every transaction is different. It will vary on your own circumstances, such as:
  • How long the chain is that you are involved in. A chain is the number of transactions that are linked together.
  • The requirements of other parties in the chain and whether they are willing to move quickly with the transaction.
  • If the property is a new build or shared ownership, this will involve more conveyancing work and take a little longer.
We are happy to work to your timescale and always do our best to make the conveyancing process is as convenient as possible for you.

What Does A Conveyancing Solicitor Do?

A conveyancing solicitor deals with the legal work to transfer the ownership of property or land from one person to another. This is called conveyancing.

How To Choose A Conveyancer?

It is important to choose a conveyancing solicitor that has experience and knowledge to carry out your conveyancing. Your conveyancer should be able to answer any questions you have about your sale or purchase, in plain, clear language. At Coole Bevis LLP, we have an expert team of residential solicitors and conveyancers who are approachable, friendly and knowledgeable. We work closely with estate agents and mortgage brokers to ensure a smooth and swift transaction.

Do You Need A Solicitor To Buy A House?

I have found the property I want to buy, I have a mortgage offer, do I really need a solicitor? A property is one of the most expensive assets you are likely to purchase. It is vital that you receive expert legal advice to make sure you are buying a property free of any problems that might prevent you selling in the future. Your solicitor will deal with the completion of your purchase and the registration of your ownership at the Land Registry to ensure your ownership is properly recorded. If you are buying with a mortgage loan, your lender will require your solicitor to also act for them.

Do I Need A Solicitor To Sell My House?

This might seem like an unnecessary cost, but when you have accepted an offer on your property you will need a specialist conveyancing solicitor to carry out the legal work. It is important to instruct an experienced solicitor who will prepare the correct contract documentation according to your type of transaction. This will ensure that you are properly protected. Your conveyancing solicitor will answer enquiries received on your behalf and make sure that these are answered in the correct way. Responses to these enquiries should be worded in a way that looks after you interests. Once these enquiries have been answered, they will deal with exchange of contracts and completion of your sale. If a mortgage loan is involved, you will need a lawyer.

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Brighton
BN1 1HY
t. 01273 323231
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info@coolebevisllp.com

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BN3 2BB
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