What Our Team, Hugh Jenyns and Gill Campbell, Can do for you

Moving House , buying your First Home, Selling your property , Taking out a Mortgage?
We talk your language and get the job done quickly and efficiently for you.

Property transactions do not need to be stressful. We have over 20 years expert experience in offering friendly legal advice.

Let us help you take the stress out of the complicated legal processes involved, leaving you free to organise other aspects of your move.

New Builds

Hugh Jenyns specialises in acting for buyers of properties on new developments, and we are the solicitors of choice for a number of national builders because of the quality and speed of the service that we offer. Hugh is assisted by Gill Dryden his skilled assistant.

If you would like to know more please contact Hugh Jenyns, one of our Partners on 01642 784000 or e-mail hugh.jenyns@forths.co.uk

Other Property Transactions

If you are buying or selling your home it is vital to seek the advice of an expert that you trust and have confidence in and who speaks your language. Gill Campbell has years of experience in providing an efficient effective and reasonably priced service in the buying and selling of property. For more specific information please contact either of them on 01642 784000

or e-mail Gill: gill.campbell@forths.co.uk

No matter if this is your first move, or whether you have moved before it is still potentially a stressful time. Read our top tips for buyers

What is involved in the Legal Process to buy or to sell a house?

Whether you are buying or selling there are two stages in the legal process; Exchange and Completion.

 

What is Exchange ?

At this stage you have agreed the price for the property , and the day that you will pay this and they will transfer the ownership of the property to you “The Completion Date”. This is set out in a legal document called a “Contract” , there are two identical copies of the document , you sign one and the buyer/ seller signs the other. The solicitors arrange an exchange of these docuemnts in accordance with Law Society Codes of Practice.

 

What does Exchange mean?

If you are the buyer you are required to pay to the seller as a goodwill gesture a deposit this is normally 10% of the price to be paid for the propery, although it can be less if you both agree this, and sometimes it is agreed that no deposit is paid on exchange. This deposit is paid to your solicitors and never direct to the seller or their solicitor.

 

After Exchange

  • you are bound to sell or buy the property for the price agreed between you and the person who is selling /buying the property on the Completion Date.
  • If you do not do this then there will be financial consequences often involving considerable expense to you, and if you are the buyer, the seller of the house can keep the deposit that you have paid to them , if you paid less then 10% of the purchase price the usual requirement in the contract is for you to pay any difference between what you did pay and 10% of the price of the property
  • If you are the Buyer you may need to insure the property, this is something that your solicitor can confirm for you.

 

Completion

This is the day when you buy the property or sell the propery for the price agreed and as set out in the contract , this will normally be on the Completion Date as set out in the contract

 

What do we do for you?

Buying your home

  • Obtaining contract documentation from your seller’s Solicitors
  • Checking that the seller has good legal title to the property
  • Organising searches for you with the local authority and land registry
  • In appropriate cases carrying out further searches for you
  • Agreeing the terms of the contract for your purchase
  • Checking your Mortgage offer (if you are to have one), advising you on it and preparing the legal paperwork
  • When everyone is ready, and the same moving date has been agreed with seller , exchanging contracts
  • Making the pre-completion legal arrangements and searches
  • Acting for your lender to make sure that its interests are properly protected
  • Preparing the legal document “Transfer” to transfer the property into your name/s
  • Getting the mortgage money from your new lender and any balance we will need from you including our costs to enable us to complete

 

On moving day (usually The Completion Date)

  • Paying for your new property
  • Sending any surplus money to you if appropriate

 

After completion

  • Sending to the Stamp Office your Stamp Duty Land Tax Form and your payment of any tax due
  • Registering your ownership with the Land Registry
  • Dealing with any after completion requirements of your lender
  • Forwarding the title docuementation required to your lender and making available any documentation they do not require to you
  • If no lender is involved we will then take your instructions as to storage of your deeds .

Learn more about government stamp duty and land taxes.

Selling your home

  • Obtaining title documentation
  • Drafting contracts and issuing the contract pack to the buyer’s solicitor
  • Negotiating a completion date
  • Obtaining a redemption figure
  • Preparing a completion statement
  • When everyone is ready, and the same moving date has been agreed with buyer, exchanging Exchanging contracts

 

Completion

  • Receiving funds from buyer’s solicitor
  • Authorising release of keys to buyer

 

After Completion

  • Paying off any existing mortgage(s)
  • Paying estate agent
  • Transferring any surplus to you
  • Sending relevant deeds to buyer’s solicitor

 

This is a simplified general guide to the conveyancing process to help you understand the complicated legal process involved.

We will not only steer you through the process explaining the process and helping you thorough it , but we will also keep you fully updated with what is happening with your transaction.