The Role of a Solicitor When Purchasing Residential Property
In our latest article, Lynsey Stuchfield, Head of the Firm’s Residential Conveyancing department, outlines the important role a solicitor takes during the transaction of residential property.
When purchasing a property, it is essential for the buyer to instruct a conveyancer to assist with the legalities of the transaction. It is the responsibility of the conveyancer to provide legal advice throughout the entire buying process and to ensure that the property being purchased has what is known as good and marketable title.
At Butcher & Barlow LLP, we have a team of qualified and trained property lawyers made up of Solicitors, Licensed Conveyancers and Chartered Legal Executives. . From inception through to completion there is a wealth of experience within the Firm, and as such you will be given expert advice if any extenuating matters arise, such as boundary disputes. If any unforeseen circumstances do prove to be an issue, we will be here to support you every step of the way, and ensure we navigate you through the process as smoothly as possible.
How might our conveyancers assist you?
As anybody who has purchased a property knows, there is a legal journey to navigate during a property purchase. Your conveyancer is there to provide the legal and practical experience needed to see you through to completion of the purchase, undertaking all due diligence on the property and advising you on any serious issues you may not be aware of or which could affect saleability.
Your conveyancer will receive a contract pack from the sellers solicitors which will contain the draft contract, details of the title to the property to include whether it is leasehold or freehold and what rights and restrictions is it subject to for example. A property information form, leasehold information form (where leasehold) and fixtures and fittings form will be included within the contract pack. This pack will be reviewed by your conveyancer and inquiries raised on anything that is unclear or which needs further investigation. A copy of the pack will be sent to you with a legal report.
A variety of searches will be put in hand, some of which are required by your mortgage lender (if you are having a mortgage) and others which your conveyancer will strongly recommend so that you have a full picture of the property before you buy it. The searches will reveal things such as whether the road is adopted by the Local Authority, whether there are any planning permissions or building regulations consents affecting the property whether the property is at risk of flooding, or whether the previous use of the land upon which the property was built may have caused contamination.
If you are purchasing with the benefit of a mortgage, your conveyancer will need to review your mortgage offer and check that the lender hasn’t added any conditions which need to be complied with before exchange of contracts. It is highly likely that as a firm, we will also be acting for your lender which means we have to comply with their requirements as well as your own.
Once all searches are returned and any issues resolved, all enquiries are answered, and an acceptable mortgage offer has been received, your conveyancer will report to you on the property. Sometimes this will be done in stages or may be done in one go This means that all documents will be explained to you in plain English and your conveyancer will make sure you have a full understanding re of the legal aspects of the property you are about to commit to purchase. You will also receive all the forms for signing including the contract, transfer deed, mortgage deed and Stamp Duty Land Tax return, which your conveyancer will have prepared for you.
Your conveyancer will liaise with you regarding funds for completion, and will acquire these from you. How much will be required and when will depend on the amount of your mortgage, if you have a related sale or not and how long a time frame there is between exchange and completion.
The legalities of exchange of contracts, completion of the transaction and post completion matters will all be dealt with by your conveyancer.
Why choose Butcher & Barlow LLP?
At Butcher and Barlow LLP, we understand that purchasing a property can be a daunting and stressful time. However, these feelings can often be mitigated when you receive great service from your conveyancer. It is essential therefore that you take time to pick a law firm with a great deal of experience, and one that has a great reputation.
Throughout our rich history, Butcher & Barlow LLP have supported tens of thousands of clients across the entirety of the North West and beyond, ensuring they have access to the very best legal support during their transaction of property.
Here are some of the benefits you’ll receive for choosing Butcher & Barlow LLP:
Experts in Property Law
Property law is a wide and complex area to work in and it’s essential that your conveyancer is qualified and experienced, as this will allow them to support you through the process, and ensure any issues are dealt with swiftly and efficiently
At Butcher & Barlow, your transaction will be dealt with by a dedicated local conveyancer, who has both legal knowledge and practical experience of the local area.,
We are an accredited member of the Law Society’s Conveyancing Quality Scheme. The Conveyancing Quality Scheme (CQS) provides a recognised quality standard for residential conveyancing teams so you can be assured that you will receive a high standard of service.
Buying a property is often the most important and costly transactions of your life, and has the potential to be stressful. We believe it is important to keep our clients informed throughout the entire process. Our conveyancers want you to feel secure throughout the transaction – from beginning to end – which is why we pride ourselves on friendly, transparent, and reliable communication.
Honest and Professional Advice
When you choose Butcher & Barlow LLP, we understand that you put a lot of trust in us to advise you on matters outside of your knowledge. We take our professional duty to our clients extremely seriously, and we always have our clients best interests at heart when advising them.
Furthermore, we believe it is important that your conveyancer takes the time to explain things to you carefully and with a jargon-free approach. Our experts will be able to simplify complex explanations for you, ensuring that you do not feel confused or overwhelmed.
Prompt and Reliable
Conveyancing involves several moving parts all happening at once. As anyone familiar with buying or selling property will know, a process has to be followed.
To make sure this process is not dragged out longer than required, we make it our priority to carry out the administrative tasks needed from our end as promptly as possible. While we of course rely on other parties doing their part as well, our conveyancers work hard to keep the ball rolling.
Convenient Locations Across the North West
Wherever you live whether this be Cheshire, Manchester, or North Wales you will never be too far away from a local Butcher & Barlow office. Having a local conveyancing solicitor available will make the process significantly easier, as documentation can be picked up or signed off in person, rather than being mailed out. It is also good to have the reassurance of a face-to-face meeting if necessary.
Get in Touch Today
Our Residential Property department has a team of experienced conveyancers who are experts in their field and the wider aspects of property law. We have branches throughout Cheshire and Manchester, so we’re confident that you’ll be able to find us nearby.
Whether you are a first time buyer or experienced property developer, we specialise in residential purchases of all sizes and budgets across England and Wales. For more information, including pricing, key stages and more, please take a look at our Purchasing overview page.
If you’d like to speak with one of our conveyancing solicitors today, please don’t hesitate to get in touch on 0161 764 4062. Alternatively, you can head over to our contact page and find your local branch to contact them directly.