Frequently Asked Questions

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Helpful Guide to Conveyancing

Terminology

Who will carry out the work?
How long will it take to convey my property?
Does the quote include all the legal charges I will have to pay?
Will my lender/bank require me to pay for their legal costs?
How are the searches calculated?
What are the particular advantages of this service for NHS staff?
What happens if the transaction falls through - what will I have to pay?
Why is there an additional charge if the property is leasehold?
How does the conveyancing transaction progress?
What if the sale or purchase price of my property exceeds £750,000?
I have tried to instruct NHS Consortium through the website instruction form, but I am not sure if the instructions have been sent correctly or received, I didn't receive a message indicating receipt etc
What happens after I have submitted my website instruction form?
What happens after I have instructed the call centre that I want to proceed with a quote?
I have sent my instruction form back to NHS Consortium but have not heard anything further.




Who will carry out the work?

The work will be carried out by a dedicated team at one of our panel of firms of solicitors. You will be allocated a named person to deal with your transaction and all work will be supervised by a senior conveyancer. You will be given a direct dial number for your dedicated team, who will assist you throughout the progress of your transaction and be available to take your calls/queries between 8.30am - 8.00pm Monday - Friday and 10.00am-4.00pm Saturday and Sunday (excluding bank holidays).


How long will it take to convey my property?

On average between 4-6 weeks, but it can vary depending on factors particular to your property and the situation of all parties involved in any chain of transactions.


Does the quote include all the legal charges I will have to pay?

Yes, what we quote is what you will pay, subject to any unusual searches which might be relevant to your property and which you will be notified of in advance - for instance, if your property is located in an old mining area, then a mining search might be advisable. Also if your property is leasehold there may be third party charges to pay to the landlord (see below). No charges will be incurred without your prior consent.


Will my lender/bank require me to pay for their legal costs?

No, all of our panel of solicitors are approved by the major lending institutions, so there is no duplication of charges between you and your lender. The solicitor will act for you and your lender for the price quoted to you.


How are the searches calculated?

The cost of conveyancing searches is always the same, whichever solicitor you use to do your conveyancing work. The cost of the searches is determined by government departments and local authorities. Different local authorities however charge different search fees and your panel solicitor will be able to tell you the exact search fee for the relevant area.


What are the particular advantages of this service for NHS staff?

Apart from being competitively priced for NHS staff, the service is also tailored for NHS staff to ensure that shift patterns and unsocial working hours do not hinder the progress of your transaction. Our call centre for quotations and instructions is open 24 hours a day, every day of the week. Our panel of solicitors work through until 8.00pm on weekdays and until 4.00pm at the weekend.

To try to minimise the need to constantly call you to inform you of progress, there is a web tracking system so that you can log onto the internet at any time of the day to check how the transaction is progressing. You will be provided with a user name and password for this. The website is updated within the hour whenever a key stage in the transaction is reached. If you do not have access to the internet, then rest assured our panel of solicitors will still be keeping you informed at every stage of the transaction.

You can also be sent a text update direct to your mobile phone, to ensure that you are not interrupted with administrative calls during work hours but can receive messages and call back, if necessary, when convenient.


What happens if the transaction falls through - what will I have to pay?

If you or the other party withdraw from the transaction prior to exchange of contracts (the legally binding stage of the transaction), our panel of solicitors will waive their legal fees for work carried out by them to date.You will only need to pay for disbursements which have actually been incurred to date (such as search fees) and which cannot be reclaimed from a third party.

We do not charge you any insurance protection premium for this cover and peace of mind. Many legal firms can offer you this insurance cover but at an additional cost.


Why is there an additional charge if the property is leasehold?

If the property you are buying or selling is leasehold, there is an additional fee of £75.00 plus VAT and you should be aware that there may be additional fees due to other parties, such as management companies and landlords. In particular the landlord or management company of the property will ask you to pay a fee to register your ownership with them once you have completed your purchase.


How does the conveyancing transaction progress?

You can access the explanatory guide on the nhsconsortium.com website.


What if the sale or purchase price of my property exceeds £750,000?

Please contact our call centre who will arrange for a specialist quote for you.


I have tried to instruct NHS Consortium through the website instruction form, but I am not sure if the instructions have been sent correctly or received, I didn't receive a message indicating receipt etc

Please report your uncertainty or any fault to the call centre and we will take your details to ensure your request is processed. If you subsequently receive two copies of our introductory letter, then please just discard one of them! We will ensure the remainder of the process is not duplicated.


What happens after I have submitted my website instruction form?

Where we receive your website instruction form before 3pm on any working day, we will send our introductory letter out to you the same day by first class post.

Where we receive your website instruction form after 3pm on any working day, we will send our introductory letter out to you on the next working day by first class post.

If you have not received an introductory letter from us within 24-48 hours, please call our call centre who will re-send the introductory letter by post or fax to you.


What happens after I have instructed the call centre that I want to proceed with a quote?

Where we receive your call before 3pm on any working day, we will send our introductory letter out to you the same day by first class post.

Where we receive your call after 3pm on any working day, we will send our introductory letter out to you on the next working day by first class post.

If you have not received an introductory letter from us within 24-48 hours, please call our call centre who will re-send the instruction letter by post or fax to you.


I have sent my instruction form to the panel of solicitors but have not heard anything further.

You should receive initial correspondence from the panel of solicitors nominated to deal with your transaction within 2 working days of receipt of your signed instructions. If you have not heard anything in this timeframe, again please call our call centre and we will chase this for you.


Guide to Conveyancing

Buying and/or selling a property can be a hectic and confusing time - so we have compiled this step by step guide to explain the various stages of your transaction and highlight the main stages you will need to understand.

If at any stage you do not understand any of the underlined terms, please click on the word to see a full explanation.

BUYING A PROPERTY

  1. Once you have agreed a purchase price with the estate agents you will need to obtain a quote from us (via our call centre or website), instruct us and we will send you a Property Instruction Form. This needs to be completed to provide us with certain details about the property you are buying and how you are buying it. Within twelve (12) hours of receipt of the Property Instruction Form, we will allocate one of our panel solicitors to you.

  2. You will need to give the name of your appointed panel solicitors to the Seller, probably via the estate agent, so that the Seller's solicitors can send the pre-contact package, when it is ready, directly through to your panel solicitors. As soon as the pre-contract package is received, your panel solicitors will apply for the local authority search on the property and any other necessary searches (this can take up to four (4) weeks).

  3. Your panel solicitors will also raise any additional enquiries from the Seller's solicitor e.g. regarding access etc to the property.

  4. When the panel solicitors have received everything they need, they will prepare a report on the property and send it to you. They will also arrange with the Seller's solicitors and yourself an appropriate completion date.

  5. When you are happy with the legal report, you will then be asked to sign the contract, mortgage deed and provide the deposit for the purchase of the property. The contract is then exchanged with the Seller's solicitor and the sale is now legally binding.

  6. Up until this stage (exchange of contracts), if the purchase did not proceed, you are liable for any disbursements which are incurred on your behalf (not including legal fees).

  7. When contracts are exchanged, final accounts are prepared and final searches are made against the property.

  8. On the completion date, the balance of the purchase price is transferred to the Seller's solicitors and your panel solicitors receive the title deeds.

  9. If applicable, stamp duty is paid and the property is legally registered in your name by the Land Registry. When the title is registered at the Land Registry, your panel solicitors will supply a copy of the registration to you and send the original title deeds to your lender for safe keeping.


SELLING A PROPERTY

  1. Once you have agreed a sale price with the estate agents you will need to obtain a quote from us (via our call centre or website), instruct us and one of our panel solicitors will obtain your title deeds and Land Registry copies.

  2. You will then be sent a 'Property Information Form' and a 'Fixtures, Fittings and Contents Form' to complete for the purchaser. If the property is leasehold there may be an additional form to complete.

  3. You will also be asked to provide any guarantees or other documents not held with your title deeds e.g. damp and timber reports, planning consents for alterations and extensions etc.

  4. The draft contract will be prepared and sent to the buyer's solicitors, who will then carry out various searches (this can take up to four weeks). Your panel solicitors must answer any queries the purchaser's solicitors may have with your help. Once these queries have been answered you will be asked to sign the contract and agree a completion date.

  5. When the contract is signed you can proceed to exchange contracts. At this stage the sale becomes legally binding. The purchaser's solicitors will send a deposit to your panel solicitors.
    Up until this stage (exchange of contracts), if the sale did not proceed, you are liable for any disbursements which are incurred on your behalf (not including legal fees).

  6. Your panel solicitors will approve the transfer deed and ask you to sign it. They will also apply for any mortgage redemption figure and prepare the final accounts.

  7. On the completion date your panel solicitors will receive the balance of the sale price, and send the title deeds to the purchaser's solicitors.

  8. Your panel solicitors will pay off any outstanding mortgage out of the sale proceeds (if appropriate), collect legal fees and disbursements and forward any left over money to you, unless you are using it for a related purchase.



Terminology

Completion Date

This is the date that ownership of the property passes from the seller to the buyer.

The seller and buyer should discuss dates between themselves and then notify their respective solicitors who will try to fit in with the suggested date. If there are unforeseen delays, for example, if the buyer does not receive a search or mortgage offer in time then the completion date may have to be revised. For this reason you should not make any firm commitments such as giving notice on a job, arranging removals or making holiday bookings without first contacting your solicitors so that they can advise you of the situation.

Only when contracts are exchanged and a completion date is fixed can you be virtually guaranteed that the completion date will be met. It is not essential for you to be present on the completion date but if you are going to be away, then you should let us know so that we can arrange for one of your relatives (or ourselves) to act for you through a Power of Attorney.
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Contract

This is the agreement between the buyer and the seller. It sets out the main terms of what has been agreed such as the property, the price and the names of the parties. It also deals with the process if something goes wrong. Rather than making the buyer and the seller meet to sign the same contract, the seller's solicitor draws up two copies of the same contract, and each party signs their own copy. When both parties are ready to legally commit, the two contracts are exchanged.
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Deposit

This causes a lot of confusion. When most people talk about the deposit they mean the part of the purchase price that the buyer is putting down him/herself (i.e. usually the difference between the amount of the mortgage and the purchase price). When Solicitors talk about the deposit they are talking about the money that is handed over to the seller's Solicitors upon exchange of contracts. This might be the same amount, but it might not.

On exchange of contracts the seller can insist on receiving from the buyer a 10% deposit of the purchase price. However as many people are not contributing as much as 10% to the purchase, reduced deposits are often agreed. You should be aware, however, that if you are a buyer and you pay a reduced deposit then fail to complete the purchase through no fault of the seller, you will, under the terms of the contract, be required to make the deposit up to the full 10%. You may also have to pay compensation to the seller if the seller loses out through your failure to complete.
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Exchange of Contracts

This is a very important moment. From the minute contracts are exchanged, the matter becomes binding. From that moment on, the seller must sell, the buyer must buy, it must be done at the price stated in the contract. Until contracts are exchanged NOTHING is binding - either party can walk away from the transaction with no penalty.
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Fixtures, Fittings and Contents Form

This is a list of the items at the property which are either included or excluded from the agreed price. This form is completed at an early stage by the seller and sent to the buyer, so that both parties understand what is included in the selling price (carpets, light fittings etc).
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Freehold

Ownership of both the property and the land it stands on.
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Land Registry

A central body established in 1925 that retains records of who owns the land, and under what conditions.
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Leasehold

Temporary ownership of the property but not the land on which it stands. When the lease expires ownership of the property reverts back to the freeholder.
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Legal Fee

This is a fixed cost that covers the cost of the time that the panel solicitors spend on your conveyancing.

If asale or purchase does not complete then the panel solicitors will not charge you any legal fees, only the disbursements they have incurred (searches, post, copying etc).
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Local Authority Search

This is a list of questions about the property, which are sent to the local authority. It covers such items as, whether the road serving the property should be maintained by the council, whether there have been any planning applications on the property etc.

The search is against the property only and does not cover the surrounding area. A word of warning - the search will not show any Planning Permissions or matters affecting land or buildings outside the boundaries of the property. It is important that you let us know at the start of the transaction if you require information on any particular point or if you wish us to ask any particular questions of the local authority. We would not normally advise a buyer to exchange contracts without a satisfactory local authority search.

The cost of the local authority search varies from one local authority to another.
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Mortgage

This is a loan to help you buy the house. The mortgage is 'attached' to your title deeds, and means that you cannot sell the property without paying it off at the same time.

Contracts should not be exchanged until an acceptable written mortgage offer has been received. It is not enough that you have had verbal confirmation from your bank or building society that they will grant you a mortgage.

In many cases a mortgage may be supported by an endowment, pension or mortgage protection policy and in these circumstances your panel solicitor must confirm to the lender before exchange of contracts whether there are existing policies or arrangements have been made for new policies to be brought into effect immediately contracts are exchanged.

If you are selling, your panel solicitor will contact your mortgage lender at an early stage to ask how much it will cost to pay off the mortgage - and they will send you a copy of this figure. You may find that you will be charged a financial penalty if you pay the mortgage off early. This is a consideration to be taken into account when agreeing a completion date, and often applies when your existing mortgage was set up on a fixed rate, or you obtained a 'cashback' figure.
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Property Information Form

This is a questionnaire about the property completed by the sellers. It covers such items as guarantees, neighbour disputes and boundaries.

If you are buying then time can be saved if you tell your panel solicitors at an early stage if there are any particular points about the property that concern you. They can then ask the seller's solicitors the relevant questions.

If you are selling and the buyer's solicitor asks a question to which you do not wish to give an answer to, for whatever reason, it is essential that you discuss it with your panel solicitors. Failure to disclose information could give the buyer grounds for taking action against you.
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Stamp Duty

This is simply a tax charged by the government, and only affects you if you are buy property for more than £60,000. It is paid by the buyer.

If you buy for exactly £60,000 you pay nothing in stamp duty; if you pay from £60,001 to £250,000 stamp duty is charged at 1% on the whole of the purchase price. From £250,001 to £500,000 it is charged at 3%, and above £500,000 it is charged at 4%.
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Survey

This is a report carried out by a surveyor on the physical state of the property you are buying.

If you are buying a property you should be aware that the property is "sold as seen". It is for you, as the buyer, to discover any physical defects by means of inspections and surveys.

Most houses are bought with the assistance of a mortgage and the bank or building society, will require a mortgage valuation. However, this is not a survey - it merely ensures that they property is of sufficient value to protect the lender's interest. Our advice is that you should at least have an RICS Homebuyer's Report prepared by a qualified surveyor. This will cost more than a mortgage valuation but it is advisable. It is possible to go one step further and have a full structural survey (initially you should not chose this option unless the surveyor who carries out the Homebuyer's Report thinks any matter should be investigated further).
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Title Deeds

These documents firstly act as evidence that the person selling the property actually owns it, and secondly set out any rights or obligations that affect the property.

If you are selling, then valuable time can be saved if your title deeds can be obtained by us at an early stage. If you have a mortgage then your bank or building society will be holding your title deeds. Your panel solicitors will need to know your mortgage account number and the name and address of the lender. Some lenders charge a fee to send out your deeds but this will normally be added to your mortgage account.
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Transfer Deed

This is the document that passes the ownership of the property from the seller to the buyer.

It is dated with the completion date, and will be sent to the Land Registry after completion. The Land Registry need this deed to change their records, and show the buyer as the new owner of the property.
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