Conveyancing is an essential aspect of any real estate transaction. It refers to the legal transfer of one property from one person to another. This is where the ownership and property title of a house is legitimately transferred from the seller to the buyer.
Considering its significance in property ownership, house conveyancing follows a set of procedures.
If this is your first time purchasing or selling your home, it pays to know and understand these steps. Doing so will help you navigate the process without a problem and, eventually, enjoy the fruits of your investment!
The Conveyancing Process
Before anything else, you should know that the process differs depending on who you are in the transaction.
Steps in Conveyancing for the Seller
As a seller of a real estate property, here are the four basic steps you will need to take in summary:
1. Find and Hire a Conveyancer
A conveyancer takes care of all the legal issues involved in selling a home. It is for this reason that you must hire someone you know you can trust before proceeding with anything.
On that note, here are some tips that you must keep in mind to find the right conveyancer for you:
Find someone who is experienced in the area or province where the property you want to sell is located. This ensures that the contractor you will hire is aware of the conveyancing laws in that particular area.
Consider the cost of the conveyancing process before hiring a practitioner. This helps you stay well within your budget.
Hire someone with adequate experience. As this will be a major transaction, you want a conveyancer who knows what they are doing.
2. Prepare All Legal Documents
Your conveyancer will prepare the draft contract that will be sent over to the buyer. This contract includes accurate financial and structural details of the property for sale.
3. Respond to Enquiries
It is natural for buyers to have questions about the draft contract and the property before purchasing. However, you do not have to worry about this as your conveyancer will handle the correspondence.
4. Sign Contracts
Once all the terms and contracts are reviewed and agreed upon, the buyer will send over a document as well. You must also go through these papers with your conveyancer.
If both parties are satisfied with the terms of the transaction, the contracts can be signed and the deal can be finally closed.
Steps in Conveyancing for the Buyer
If you are the one purchasing a home, here are the steps that you will need to go through:
1. Find and Hire a Conveyancer
As a buyer, you will also need a conveyancer. This professional will be the one to handle all the legalities of the real estate purchase you will make.
2. Check Legal Documents
A few days after your first point of contact with the seller, you will receive documents from their conveyancer. These documents usually include the seller’s information and requirements.
Your conveyancer’s first task is to look through these legal documents and examine the draft contract. He will also take note of key details stated in the contract for future reference.
Finally, it is in this step wherein you may send your enquiries and concerns about the contract to the seller.
3. Carry Out Property Searches
After checking the legal documents, your conveyancer will proceed to conduct property searches. Also referred to as conveyancing searches, this refers to enquiries made by your contractor to know more about the property you are interested in.
There are three main types of searches that conveyancers carry out. They are:
Local Authority Searches - These are queries into the local area where the property you want to buy is located. It is through these searches where you can discover any local authority plans that can affect the house in question.
Drainage or Water Authority Searches - These queries help you learn which water and sewerage system the property is connected to.
Environmental Searches - These queries let conveyancers uncover whether or not the house in question is in a flood risk location. These also help you learn of any contaminations around the property. Your contractor can perform these searches by checking flood information and maps or by visiting the land registry.
While they sound like a lot of work, property searches must be done to ensure your satisfaction with the house you are about to purchase.
4. Review Mortgage Lender’s Requirements
Your conveyancer will present the offer to your mortgage lender and receive their list of conditions. You need to review these requirements and work on complying with them.
Usually, lenders ask about information on the property you are about to purchase. While this may sound like an overwhelming task, know that your conveyancer will help you gather the information you need. After all, part of their job is to provide your lender with accurate details about the house you are eyeing.
Your contractor also handles mortgage valuation, which is the process of assessing and confirming the value of a property.
5. Sign Contracts
After complying with all the requirements detailed in the seller’s draft contract, your conveyancer will explain all the terms included in it. If you are satisfied with them and no longer have questions, you may proceed with signing the contract.
At this point, all that is left to do is prepare to pay the first deposit. Your conveyancer will also prepare a contract that will be sent to the seller. After all the contracts are signed, both parties must agree on a date and time to exchange the signed documents.
Purchasing or selling a home is a major transaction; it can significantly change your lifestyle and impact your finances. It is for this reason that you must learn all the steps involved in real estate transactions before moving forward.
One particular aspect you need to be aware of is house conveyancing. This is a process where the ownership of a property is legally transferred from one person to another. Due to its serious implications in real estate ownership, it must be carefully performed. You need a professional and experienced conveyancer to help you do this. They have the skills and knowledge needed to carry out your transaction from start to finish.
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