Cross Ram & Co can advise and assist with
- sale/purchase freehold properties
- sale/purchase leasehold properties
- joint or multi ownerships
- equity release
- gifts of properties
- related tax implications
- transactions by auction
Do remember that there are few circumstances in which a solicitor is able to act for both seller and buyer. This is to avoid conflict of interests so remember that, whether selling or buying, your solicitor is acting for you. The process may be frustrating and seem long-winded (although helped these days by online processes and use of emails) but all the ‘faff’ is designed to identify problems that could have financial implications.
Only once all points are satisfied can an exchange of contracts take place – the point at which both seller and buyer are irrevocably committed to the deal.
The procedure includes ensuring that the sale proceeds are sufficient to discharge any mortgage (which could otherwise affect the buyer) and the seller is asked to provide a lot of practical information including copy planning permissions, building certificates and any warranties. Some of this may have been provided already as part of the Estate Agents pack but a more comprehensive picture is usually required.
It is important that there is finance in place which usually means the issue of a an appropriate Mortgage Offer. The buyers solicitor must be satisfied that there are no issues with the legal status of the property, that it complies with modern planning requirements and that there are no difficulties which could lead to a problem in the use of the property or on its eventual sale. This includes complying with the guidelines of the Council of Mortgage Lenders (CML) as, even where a buyer does not require a mortgage, an eventual buyer may well need a mortgage. Happily, the interests of buyer and lender usually coincide.