Residential Conveyancing
Residential Conveyancing
Buying or selling a house can be one of life’s biggest and most important financial transactions. At Hawker Jones Solicitors we know how intense the process can be having experienced it ourselves, but it doesn’t have to be if you have the right team of legal professionals on your side.
Let Hawker Jones Solicitors help you through this process swiftly, efficiently and with minimum fuss. We endeavour to make your experience of buying or selling easy.
Our client-solicitor relationship is built on trust, and we will ensure that our solicitors will speak to you directly and guide you through the entire process.
You can be confident that your sale or purchase will be dealt with by someone who knows exactly what is needed, and how to achieve this as effectively as possible with no hidden charges.
Our team of specialist conveyancers have over 30 years’ experience in dealing with various residential property transactions. Our Head of Residential Conveyancing has more than 14 year post qualified experience as a Solicitor.
Our team have experience in many aspects of property law, and we dedicate ourselves to ensuring our knowledge stays up to date to give you the best service possible. We make sure that all members of staff are supported and supervised appropriately so that the quality of service is not affected, regardless of who is working on your property transaction..
We also employ a team of paralegals who do much of the day-to-day work on cases. Although they are not legally qualified, they have between 1 and 6 years’ experience having received extensive training within our firm. Their work is also under the direct supervision of a solicitor with at least 10 years post qualification experience.
What is Conveyancing?
This is a legal process that surrounds the buying and selling of a property and the transfer of ownership. Whether buying or selling, it is a conveyancing solicitor's legal duty to protect your interests. The process involves a lot of legal work and there is a large amount of complex paperwork that needs to be processed correctly before you can exchange contracts and complete. A conveyancing solicitor will act on behalf of the buyer to ensure they receive the title deeds to the property.
A Conveyancing Solicitor will take care of the following:
- Obtaining the title deeds and provides guidance when completing all of the necessary questionnaires.
- Preparing and distributing a contract for sale.
- Requesting a settlement figure for your mortgage.
- Acting on your behalf and liaising with the relevant parties in order to negotiate a moving date.
- Acting as the recipient of the house deposit.
- Organising the final accounts and preparing a final settlement.
- Approving the deed of transfer.
- Paying off the remainder of the mortgage.
- Handing over the property deeds.
Our highly reputable conveyancing team are experts in every aspect of conveyancing law, including buying, selling, remortgaging and transfer of equity.
How long will my house sale take?
How long it will take from your offer being accepted until you can move into your house will depend on several factors. The average process takes between 6-8 weeks however this would depend on the complexity of the chain for example, if you are a first-time buyer, purchasing a new build property with a mortgage in principle, it could take a shorter period of time, However, if you are buying a leasehold property that requires an extension of the lease, this can take significantly longer. In such a situation, additional charges would apply.
Purchase of a freehold residential property
Property Price Range | Legal Fee | VAT (20%) | Total Fee |
---|---|---|---|
£0.00 – £100,000.00 | £750.00 | £150.00 | £900.00 |
£100,001.00 – £200,000.00 | £800.00 | £160.00 | £960.00 |
£200,001.00 – £300,000.00 | £850.00 | £170.00 | £1020.00 |
£300,001.00 – £350,000.00 | £900.00 | £180.00 | £1080.00 |
£350,001.00 – £400,000.00 | £950.00 | £190.00 | £1140.00 |
£400,001.00 – £500,000.00 | £1000.00 | £200.00 | £1200.00 |
£500,001.00 – £600,000.00 | £1050.00 | £210.00 | £1260.00 |
£600.001.00 -£700,000.00 | £1100.00 | £220.00 | £1320.00 |
£700,001.00 + | Call for quotation | ||
Disbursements (approximate) |
Fee Description | Fee | VAT (20%) | Total |
---|---|---|---|
Official Search | £3.00 (per search) | N/A | £3.00 (per search) |
Bankruptcy Search | £2.00 (per person) | N/A | £2.00 (per person) |
Searches * | £240.00 approx | £48.00 approx | £288.00 approx |
Land Registry Fee - dependant on purchase price | |||
Stamp Duty Fee - dependant on purchase price | |||
Purchase of New Build Property | Please call for quotation | ||
Stages of the process - Freehold
The precise stages involved in the purchase of a residential freehold property vary according to the circumstances. However, below we have suggested some key stages that you may wish to include:
- Take your instructions and give you initial advice
- Carry out AML and Source of Funds checks
- Check finances are in place to fund purchase
- Carry out searches
- Make any necessary enquiries of seller's solicitor
- Give you advice on all documents and information received
- Complete report on the mortgage offer received
- Report on title of property
- Send final contract to you for signature
- Draft transfer deed
- Obtain pre completion searches
- Agree completion date (date from which you own the property)
- Exchange contracts and notify you that this has happened
- Arrange for all monies needed to be received from lender and you
- Complete purchase
- Deal with payment of Stamp Duty/Land Tax
- Deal with application for registration at Land Registry
Stages of the process - Leasehold
The precise stages involved in the purchase of a residential freehold property vary according to the circumstances. However, below we have suggested some key stages that you may wish to include:
- Take your instructions and give you initial advice
- Check finances are in place to fund purchase and contact lender's solicitors if needed
- Receive and advise on contract documents
- Carry out searches
- Obtain further planning documentation if required
- Make any necessary enquiries of seller's solicitor
- Give you advice on all documents and information received
- Reviewing the leasehold management pack
- Raising enquiries with sellers solicitors
- Prepare mortgage report
- Send final contract to you for signature
- Draft Transfer
- Advise you on joint ownership
- Obtain pre-completion searches
- Agree completion date (date from which you own the property)
- Exchange contracts and notify you that this has happened
- Arrange for all monies needed to be received from lender and you
- Complete purchase
- Deal with payment of Stamp Duty/Land Tax
- Deal with application for registration at Land Registry
Our fees cover all the work* required to complete the purchase of your new home, including dealing with registration at the Land Registry and dealing with the payment of Stamp Duty Land Tax (Stamp Duty) if the property is in England, or Land Transaction Tax (Land Tax) if the property is in Wales.
* Our fee assumes that but not limited to:
- Notice of Transfer fee – This fee if chargeable is set out in the lease. Often the fee is between £50 incl VAT@20% (£40 excl VAT@20%) and £350 incl VAT@20% (£280 excl VAT@20%)
- Notice of Charge fee (if the property is to be mortgaged) – This fee is set out in the lease. Often the fee is between £60 incl VAT @20% (£50 excl VAT@20%) and £300 incl VAT@20% (£250 excl VAT@20%)
- Deed of Covenant fee – This fee is provided by the management company for the property and can be difficult to estimate. Often it is between £60 incl VAT@20% (£50 excl VAT@20%) and £300 incl VAT@20% (£250 excl VAT@20%)
- Certificate of Compliance fee - To be confirmed upon receipt of the lease, as can range between £50 incl VAT@20% (£40 excl VAT@20%) and £300 inc VAT@20% (£250 excl VAT@20%)
a. this is a standard transaction and that no unforeseen matters arise including for example (but not limited to) a defect in title which requires remedying prior to completion or the preparation of additional documents ancillary to the main transaction
b. this is the assignment of an existing lease and is not the grant of a new lease
c. the transaction is concluded in a timely manner and no unforeseen complication arise
d. all parties to the transaction are co-operative and there is no unreasonable delay from third parties providing documentation
e. no indemnity policies are required. Additional disbursements may apply if indemnity policies are required.
Disbursements – Leasehold properties
Disbursements are costs related to your matter that are payable to third parties, such as search fees. We handle the payment of the disbursements on your behalf to ensure a smoother process. There are certain disbursements which will be set out in the individual lease relating to the Property. The disbursements which we anticipate will apply are set out separately below. This list is not exhaustive and other disbursements may apply depending on the term of the lease. We will update you on the specific fees upon receipt and review of the lease from the seller's solicitors.
Anticipated Disbursements*
*These fees vary from property to property and can on occasion be significantly more than the ranges given above. We can give you an accurate figure once we have sight of your specific documents.
You should also be aware that ground rent and service charge are likely to apply throughout your ownership of the property. We will confirm the ground rent and the anticipated service charge as soon as this we receive this information.
Stamp Duty Land Tax
Stamp duty land tax will be payable on the completion of the purchase of the property. This depends on the purchase price of your property and your particular circumstances, e.g. if you are a first-time purchaser purchasing a property under a certain value, there will be no stamp duty payable* You can calculate the amount you will need to pay by using HMRC's website or if the property is located in Wales by using the Welsh Revenue Authority's website.
*You can use the above links to check the current Stamp duty land tax rates.
Sale of a freehold residential property
Property Price Range | Legal Fee | VAT (20%) | Total Fee |
---|---|---|---|
£0.00 – £100,000.00 | £650.00 | £130.00 | £780.00 |
£100,001.00 – £200,000.00 | £700.00 | £140.00 | £840.00 |
£200,001.00 – £300,000.00 | £750.00 | £150.00 | £900.00 |
£300,001.00 – £400,000.00 | £800.00 | £150.00 | £960.00 |
£400,001.00 – £500,000.00 | £850.00 | £170.00 | £1020.00 |
£500,001.00 – £600,000.00 | £900.00 | £180.00 | £1080.00 |
£600,001.00 – £700,000.00 | £950.00 | £190.00 | £1140.00 |
£700.001.00 -£800,000.00 | £1000.00 | £200.00 | £1200.00 |
£800,001.00 + | Call for quotation | ||
Disbursements (approximate) | |||
Fee Description | Fee | VAT (20%) | Total |
Office Copies | £3.00 (per search) | N/A | N/A |
Stages for a Freehold Sale
- Take Instructions and give initial advice
- Prepare contract documentation in draft
- Issue Contracts to buyers solicitors
- Dealing with enquiries from buyers solicitors
- Obtain mortgage redemption figures (if applicable)
- Exchange Of Contracts: both parties are now legally bound to buy and sell the property for the agreed price on the agreed completion date
- Completion
Stages for Leasehold Sale:
- Take Instructions and give initial advice
- Prepare contract documentation in draft
- Request management pack
- Send management information pack to buyers solicitors
- Issue Contracts to buyers solicitors
- Dealing with enquiries from buyers solicitors
- Obtain mortgage redemption figures (if applicable)
- EXCHANGE OF CONTRACTS: both parties are now legally bound to buy and sell the property for the agreed price on the agreed completion date
- Completion
Remortgage of a residential property
The remortgaging process typically takes from 4 weeks from the date of initial instructions. However, this could vary depending on third parties who would also be involved in the transaction i.e. The mortgage Broker and the Lender.
- Taking initial instructions and giving advice
- Carry out AML and source of funds checks
- Checking existing title
- Obtaining mortgage offer and go through the conditions of the offer with you
- Drafting Contracts
- Send final documents to you for signature
- Redeem previous mortgages
- Apply for mortgage advance
- Agree completion date
- Complete pre-completion searches
- Completion day
- Deal with post-completion registration with Land Registry
Remortgage Fees
Including VAT @ 20% | Excl VAT @ 20% | |
---|---|---|
Freehold | £600 | £500 |
Leasehold | £780 | £650 |
Transfer Of Equity With Remortgage | £1,200 | £1,000 |
Disbursements – Remortgage
Office Copies | £6 (VAT not applicable) |
Leasehold | £3 (VAT not applicable) |
Land Registry Fee To be calculated prior to completion | To be calculated prior to completion |
Above costs are subject to change based on circumstances of the transaction**
Factors that could increase fees
There may be some occasions; where we may need to increase our fees to account for the following: additional time, work or skill required to meet your instructions.
Examples that may increase the overall costs include:
- If we receive detailed instructions from your lender requiring us to deal with matters other than those relating to the title to the property
- If we are required to review an additional title
- If we are required to give an undertaking to the other side
- In some circumstances, your lender may instruct another conveyancer to act on their behalf
- Your lender requires anything other than a simple certificate of title (a simple certificate of title is standard with most lenders). Which is needed to send the mortgage funds to our firm
- If a title defect becomes evident during the transaction and needs to be remedied prior to completion
- The requirement of a trust document
During the course of the transaction, unavoidable additional disbursements and fees may be incurred. We will advise you of any such costs and they will be payable by you pre completion.
Additional Legal Fee if applicable (approximate)
Fee Description | Fee | VAT (20%) | Total |
---|---|---|---|
Remortgages | £300.00 | £60.00 | £360.00 |
Transfer of Equity | £250.00 | £50.00 | £300.00 |
Leasehold Properties | £150.00 | £30.00 | £180.00 |
Flat Fee | £400.00 | £80.00 | £480.00 |
Shared Ownership | £75.00 | £15.00 | £90.00 |
Retention Fee | £50.00 | £10.00 | £60.00 |
Buy To Let or Second Home | £50.00 | £10.00 | £60.00 |
Help To Buy ISA | £50.00 | £10.00 | £60.00 |
Help To Buy Equity Loan | £100.00 | £20.00 | £120.00 |
Help To Buy Loan Redemption | £50.00 | £10.00 | £60.00 |
Right To Buy | £50.00 | £10.00 | £60.00 |
New Build | £100.00 | £20.00 | £120.00 |
Restrictions | £50.00 | £10.00 | £60.00 |
Unregistered Property Transactions | £250.00 | £50.00 | £300.00 |
Self Build | £100.00 | £20.00 | £120.00 |
Mortgage Fee | £35.00 | £7.00 | £42.00 |
Islamic Mortgage | £100.00 | £20.00 | £120.00 |
Auction/Reposession | £125.00 | £25.00 | £150.00 |
Statutory Declaration | £50.00 | £10.00 | £60.00 |
Indemnity Admin Fee | £35.00 | £7.00 | £42.00 |
Gifted Deposit | £75.00 | £15.00 | £90.00 |
Probate/Power of Attorney Sale | £50.00 | £10.00 | £60.00 |
Deed of Postponement | £75.00 | £15.00 | £90.00 |
Deed of Covenant | £50.00 | £10.00 | £60.00 |
Due diligence Fee (per person) | £100.00 | £20.00 | £120.00 |
Bank Transfer Fee | £35.00 | £7.00 | £42.00 |
Future Dated Faster Payment | £5.00 | £1.00 | £6.00 |
International Bank Transfer Fee | £49.00 | £9.80 | £58.80 |
ID Check | £35.00 | £7.00 | £42.00 |
Lawyer Checker | £35.00 | £7.00 | £42.00 |
Lender Transaction Management Fee | £40.00 | £8.00 | £48.00 |
Licence To Assign | £100.00 | £20.00 | £120.00 |
Limited Company Transactions | £150.00 | £30.00 | £180.00 |