Conveyancing for a Seller
As follows is a brief overview of a typical conveyancing process as it applies to a person selling a residential property.
Before signing the contract
Your solicitor will need the original title deeds in order to draft the contract. The deeds will usually be with a bank, a solicitor or in your possession. You will also have to attend with your solicitor and give full instructions regarding the transaction and the property you are selling, for example have there been extensions, furnish receipts for all annual charges such as the household charge and Local Property Tax, a list of contents passing with the sale and so on.
Contract and Replies to Requisitions on Title
Once your solicitor has the title deeds and all the requisite practical information relating to the property, the contract can be drafted and sent to the purchaser’s solicitor along with copies of the relevant title documents. Your solicitor must also provide the purchaser’s solicitor with full Replies to a booklet of questions called ‘Objections and Requisitions on Title’ which cover everything to do with the property from both a title and non-title perspective. The purchaser’s solicitor may raise pre-contract enquiries which will have to be replied to and this may involve your solicitor having to take further instructions from you. The purchaser will sign the contract first and return it together with the balance deposit to your solicitor. You will then attend with your solicitor and sign the contract. At this point the contract is binding.
From signing the contracts to closing
Yours solicitor will approve the deed as drafted by the purchaser’s solicitor. This is the deed which, when signed, will transfer the title from you to the purchaser. The purchaser’s solicitor will also set out the documents which must be furnished by your solicitor on closing. Your solicitor will draft all further completion documents and you will attend with your solicitor to sign all documents prior to closing.
Mortgage Redemption Figure
If the property you are selling is subject to a mortgage, your solicitor will need to get a figure from your mortgage provider setting out what amount is required to redeem the mortgage together with a daily rate of interest. This figure will be sent to the purchaser’s solicitor so that on the closing date, the purchaser’s solicitor will furnish your solicitor with a bank draft in favour of the lending institution for the amount due to redeem the mortgage.
Closing takes place when the purchaser’s solicitor furnishes your solicitor with the balance purchase money in exchange for the pre-agreed list of completion documents and keys. Closing will either take place at your solicitor’s office or by post/delivery. On the day of closing, your solicitor will have to furnish satisfactory replies to legal searches carried out by the purchaser’s solicitor.
Proceeds of sale
Your solicitor will account to you for the money received which will be the balance deposit and balance purchase money and likewise the auctioneer will account to you for the booking deposit paid. Your solicitor will attend to redeeming your mortgage and ensuring that the purchaser’s solicitor is furnished with the correct documentation to enable the removal of the mortgage / charge from the title to the property you have sold.
Having disposed of a major asset, you may consider it prudent to make a new Will. We would be happy to assist you in this regard.