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The process of purchasing or selling your property goes beyond making a listing. There are many legal terms, expectations, and requirements that both parties must fulfil. Property transfer is certainly not something you can go about on your own without enough experience.

Our award-winning conveyancing lawyers are focused on ensuring the process of buying or selling remains as simple, transparent, and quick as possible. We offer a free conveyancing quote to help you feel relaxed as we are more focused on service.

Our conveyancing lawyer will guide you through a detailed guide on what will happen over the next few weeks. The guide may entail the purchase procedure, including preliminary inquiries, research on the Property, expected legal fees, and the contract signing. It's always essential to have clarity on all property matters before buying or selling.

Few hidden charges could affect your purchase or lease of property. This is certainly a complex procedure that needs all attention to detail. However, choosing conveyancing lawyers gives you deep knowledge every step of the way. You can rest easy knowing all your property issues are in the right hands.

Residential Conveyancing Services in Kent - We Make Your Move Transparent, Simple and Quick

Here are a few reasons why choosing conveyancing lawyers in Kent is a wise decision:
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    Experienced ProfessionalsProperty transactions can move from a simple pay and transfer to a complicated court battle. Indeed, you do not want to end up fighting in court to claim your rights on a property. Some buyers and sellers do not portray an accurate and fair view of a property during a sale transaction.

    In such cases, inexperienced lawyers can easily miss out on crucial checkpoints. However, experienced lawyers such as ours know the ins and outs of property transactions. They can easily spot a good deal and a bad one. An experienced conveyancer will help you pay for the actual value of the property because they look beyond the face value of a property.
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    National Property Market AdherenceA conveyancing lawyer is essential if you want a risk-free property transfer. Different property markets have their own set rules and regulations. While some seem obvious, others may be hidden and may eventually cause you some heavy penalty.

    However, a conveyancing solicitor in Kent ensures there is adherence to the national property market. There are also issues on property value increase or decrease over a period of year's or depending on potential developments. Such development factors could easily change the value of a property.
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    Secure TransferThere are some incidents where property owners cancel the deal after payment has been made. Some sellers may approach a buyer with fake documents that seem original. A conveyancing lawyer does a preliminary check that reveals the valid owner or owners of the property.

    A conveyancing lawyer in the UK will handle any legal issues that arise. In case there are two owners, the law is applied differently. Working with a conveyancing lawyer secures your transaction.
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    Get Verified InformationThere is a difference between speculations and facts. While speculations may seem better, listening to facts is the way to go regarding property transfers. A conveyancing lawyer carries out various research on the property. The research includes the location, property value, insurance, condition, ownership, sewerage, and drainage.

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Conveyancing in Kent: FAQs

Must I Pay Capital Gains Tax?

No, however, it depends on the type of property you are selling. If the sale involves your main residence, then you are exempt from paying capital gains tax. However, if you own more properties, you can only select one of them to carry the exemption.

Is a Survey Relevant?

Yes, a survey is an essential step though not a must. If you are buying a property with a mortgage plan, your lender may request a survey. Lenders want to ensure the property will be worthwhile purchasing and their money will be repaid. However, it’s always important to know the actual value of a property.

Should I Insure my Property and When?

Insuring a property is essential. Just like insuring a car, you may not know when an accident or property damage can occur. Several companies offer insurance packages for the property; however, it depends on your property and location. 

While some properties are for residential purposes, others are commercial hence attracting different insurance packages. When choosing an insurance package and plan, consider property location and natural disasters most likely to occur. 

Can I Access the Property After Signing the Contracts?

Not really. According to property law, you are only allowed to the property on the completion day. However, your conveyancing lawyer may help come up with an arrangement just for you.

Am I Allowed to let the Property?

It all depends on the type of plan you use to purchase the property and the lease agreement. If you bought the property on a mortgage, there could be some limitations. However, your lender may clarify the matter. If it’s a leasehold property, kindly check on the lease agreement.

Is it Possible to Extend my Property?

Extending a property depends on several factors, such as local authority, building regulators, and land size. First, if you wish to extend beyond your plot area, you may need to contact the other landowner or the local authority. 

The property may still be extendable on your land; however, it’s a requirement to meet the building regulations. Finally, beyond deciding to extend any property, the property owner should notify the local authority.

How long can I Stay on my Property After Completion?

After completion, you are required to vacate on the same day. Vacating includes removing all possessions such as furniture, curtains as long as they were not part of the sale agreement. Even if the buyer does not move in the same day, the law requires you to vacate on the completion date. In case you fail to abide by the set rules, you could face a lawsuit.

What is a Contract Race, and is it Legal?

A contract race involves issuing a property for sale to more than one buyer. The contract race hopes to hasten the process and get a buyer soon. In this case, the first person to exchange contracts is the new owner. 

However, it is a requirement by the law that the seller informs all the other potential buyers of the contract race’s existence. In case you fail to secure the contract, you cannot claim for any expense.

What Stages are Involved in the Conveyancing Process?

The conveyancing process involves both legal and administrative procedures. The process is as follows;

  • Conveyancing lawyer initial stage- The first step is to contact a conveyancing lawyer and express interest in their services. At this stage, the conveyancing lawyer requires information about the property in mind and the potential buyer or owner. You may be required to fill out a questionnaire. If you are the seller, you may be required to produce an EPC (Energy performance certificate) before you start selling. 
  • Conveyancing searches – The seller’s conveyancing lawyer will have to verify the property documents such as title deed, land registry, and building society, among other documents. In case the seller produces fake or incorrect information, they could face a lawsuit. The buyer’s conveyancing lawyer will then receive the sale of the property contract and verify the information. Amongst the searches, conveyancing lawyers checks include; drainage, mining, local and environmental. The process may stall at this point in case there is no direct reply. Before the search is verified, the process cannot move further.
  • Applying for a mortgage – Upon completing a search and information is verified, the potential buyer may apply for a mortgage. At this point, the lender will verify the information received and conduct a survey and evaluation. Most, if not all, lenders will carry out an independent study of the premises and will then accept or deny your request based on property conditions. The survey process is essential if the buyer misses essential details; they cannot claim compensation later.
  • Contract signing – After receiving all the vital documentation from the seller’s lawyers, the buyers’ lawyer will go through all the details in place, including the mortgage offer. At this point, they may weigh in on whether it is wise to buy or avoid the property. Some of the issues they will look into include; 
    • Building insurance – if you buy a property on the mortgage, the lender may request an insurance policy. Even when buying the property using cash payment, it is essential to have an insurance failure. You become liable as a buyer in case of damage of property after the exchange of contracts.
    • Mortgage repayment -Buyer’s conveyancing lawyer may seek to understand the terms in place for mortgage repayment. They may also advise you based on other expenses such as insurance or pension.
    • Ownership – The conveyancing lawyer may require understanding who names Seller conveyancing lawyer will transfer the property in case of two owners. Alternatively, in joint ownership, they may suggest putting it under other relatives’ names.
    • Deposit fee – Before the contract exchange is done, the law requires you to pay 10% of the price. In mortgage cases where you depend on up to 90% financing, the lawyer may renegotiate to pay a lower amount.
    • Payment – Finally, the buyer should have a cheque or cash ready to be transferred. 
  • Contracts exchange – When the buyers and sellers conveyancing lawyers are satisfied with the contracts, the exchange can occur. When the contract exchange has taken place, both parties will now become legally binding. The contracts should contain the date of completion.
  • Day of Completion – At this stage, the buyer should have transferred the payment to the conveyancing lawyer, who will, in turn, pay for the property and will receive all the legal documents to the property. The seller will then officially hand over the property keys.

Must I pay for Inheritance tax?

There are provisions of the law that guide inheritance tax. However, the ‘nil rate band discretionary trust’ may help you evade inheritance tax payments.

Is it necessary to pay a preliminary deposit?

Usually, the estate agents may ask for you to pay a preliminary deposit. However, there is no legal obligation for the fee. The preliminary deposit is just a nice gesture before closing the deal. When the deal is complete, you should ask for a refund.

Do I Need to Pay the Agent's Fees?

Yes, you will be required to pay the agent’s fees after completing the process. When you are introduced as the new owner to the agent, you will be required to pay the fees. The buyer’s conveyancing lawyer should settle the agent’s commission.

How Does a Seller Transfer Council Tax and Water Rates to the Buyer?

Some properties may have years of pending bills that are transferred to the new buyer. Upon exchange of contracts, the seller should have informed the council and water authorities of the transfer in a property. This question rightly gives the importance of a survey by a buyer’s conveyancing lawyer.

Is it Possible to sell my Property Privately or via the Internet?

Yes, the law does not limit a seller to any mode to put up a property on sale. However, if you decide to use an agent as a medium, a fee may be charged even if they don’t close a deal. At times agents may require prior notice to agreement termination. In all cases, ensure to involve a conveyancing lawyer.

What is a Fixture and Fitting Form?

Yes, a fixtures and fittings form is a requirement before selling a property. The fixtures and fittings form writes down all extra items included in the sale of the property. They have items such as curtains, carpets, and garden ornaments, among others.

What Does the Property Information Form Entail?

Every seller is required to fill out a property information form. The property information form gives detailed information about the property. The information includes any property development work done over the years, boundary and neighbour disputes. 

What is a Redemption Penalty?

A redemption penalty is a charge that affects persons who bought a property on a mortgage. The charge applies when the buyer pays for the mortgage earlier than the agreed duration. 

Is the Unregistered Property Safe to buy?

Yes and No. Buying unregistered property depends on the process undertaken. A conveyancing lawyer will have to search through the property on the land registry first. If the property is not registered, they will then confirm ownership using the old deeds. If the buyer is not familiar with the process, then buying unregistered land is quite risky. However, unregistered land may still have the correct documentation though in the form of old deeds.