Contracts & Enquiries

 
The seller's solicitor sends over a draft contract pack for your solicitor to review. Your solicitor reviews all of the documents for any legal concerns and then raises enquires that the seller and their solicitor must answer. In order to complete their legal enquiries, your solicitor will also need your ID/Proof of Funds/Formal instruction documents, Mortgage Offer, Property Searches and Survey (if ordered). Click here to see what is sent in the contract pack form the sellers.
As long as your solicitor has all the documents required, they can raise legal enquiries with the seller. This should take between 2 to 3 weeks, however if the seller's solicitor is slow in replying, or they have to get further information from the council or freeholder (if leasehold), it could take longer.
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Check the seller’s forms to confirm:

Once your solicitor is satisfied with all the enquiries they have raised for both you and a lender (if applicable), then they will report to you on all of their findings in what is a called a ‘Report on Title’ and provide documents for signing.

The report on title includes everything that your solicitor has found out about your property. The report takes 1 to 3 days to draft by your solicitor and this is sent via email or post to you.

Once you receive your report, I’d suggest speaking to your estate agent and ask them when the seller would like to complete. You can complete any time after you exchange contracts, however you normally aim for 1 to 2 weeks to give you some time to organise removals and so that your solicitor can draw down your mortgage funds. Once you have agreed a date with the seller please supply this to your solicitor and they’ll confirm the same with the seller’s solicitor.

After reading the report on title, if you decide you are happy to proceed you need to sign and return the following documents to your solicitor:

  • Contract;
  • TR1 transfer document;
  • Stamp Duty Land Tax (SDLT) return; and
  • Mortgage deed (if applicable)

These documents need signing, and some need witnessing. If you can, scan, email and then post special delivery to your solicitor. If you can’t scan and email then just send special delivery (not recorded).

Andrew Boast FMAAT MIC is co-founder of SAM Conveyancing.

Conveyancing Process