Frequently Asked Conveyancing Questions

When can I move?
It is impossible to give a precise estimate at the outset of a conveyancing transaction. It depends on a number of factors including whether or not there is a 'chain' and whether the client requires a mortgage. Furthermore if the client refuses to instruct us to put in hand the usual 'searches' until after the Mortgage Offer has been obtained this will cause a delay. The average time of conveyancing transactions is normally 6 to 8 weeks.

How much is it likely to cost me?
We are pleased to give estimates in respect of costs and disbursements.

Why do I need an Environmental search?
The Environmental Protection Act 1990 charges the Local Authority with keeping a register of contaminated land. This is still very much in its infancy and the register is nowhere near complete. It is unlikely that a Local Authority search would reveal whether or not the land being purchased is contaminated. It is for this reason that an environmental search is recommended

Can we act on both sides in a conveyancing transaction?
Generally no. However, there are a number of exceptions to the general rule, details of which can be given on request.

What is the purpose of the interest rate in the Contract?
This is a penalty payable if completion is delayed beyond the completion date. Where completion is delayed by the default of either party the other party may (not necessarily) be entitled to the payment of interest in addition to damages for their actual loss.

How much is stamp duty?
Stamp Duty on a private dwelling is payable on a purchase price of more than £125,000. If, however, the property lies within a disadvantaged area then the level at which Stamp Duty commences is in excess of £150,000

Can I apportion the purchase price between the property and furniture and chattels in order to avoid or reduce payment of Stamp Duty?

Yes, provided the apportionment is reasonable. If the figure allocated in respect of furniture and chattels is too high this could be treated as a fraud on the Revenue which is a criminal offence.

What time can I book my removal van on the day of completion?
This is always a difficult question to answer. Most Contracts provide for completion to take place no later than 2pm which means that the purchase monies must be paid to the seller's solicitors so the seller vacates the property by that time. Sometimes delays occur in transmitting monies to the seller's solicitors' bank account. Invariably we are reliant upon the speed at which the banks transfer money (most completions being undertaken by telegraphic transfer). If there is a lengthy chain, there may be a delay in transmitting monies to the seller's solicitors. The general rule of thumb is if all parties arrange their removals to move out of their existing property in the morning ready to move into their new property in the afternoon, very few serious problems will arise.