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
- 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.
- 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).
- Your
panel solicitors will also raise any additional enquiries from
the Seller's solicitor e.g. regarding access etc to the property.
- 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.
- 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.
- 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).
- When
contracts are exchanged, final accounts are prepared and final
searches are made against the property.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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).
- 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.
- 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.
- 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.
|
Back to the text |
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.
|
Back to the text |
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.
|
Back to the text |
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.
|
Back to the text |
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).
|
Back to the text |
Freehold
Ownership
of both the property and the land it stands on.
|
Back to the text |
Land Registry
A central
body established in 1925 that retains records of who owns the land,
and under what conditions.
|
Back to the text |
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.
|
Back to the text |
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).
|
Back to the text |
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.
|
Back to the text |
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.
|
Back to the text |
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.
|
Back to the text |
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%.
|
Back to the text |
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).
|
Back to the text |
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.
| Back to the text |
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.
|
Back to the text |
|