Different law firms offer very different client experiences when it comes to conveyancing. Buying and selling property always represents a substantial financial investment and we continue to offer a bespoke personal service from highly experiences lawyers, with whom you will have a direct line of communication – our clients value this. We are not a bulk, low cost, factory-style provider. We have achieved the standards of practice and integrity required to be accredited by the Law Society’s Conveyancing Quality Scheme “CQS”. This page explains our ‘Agreed Service Standard’ and should be read in conjunction with information about our fees.
When you instruct us we will send you our Client Agreement. This sets out all of our terms and the basis upon which we act for you. Our Client Agreement refers to our ‘Agreed Service Standard’. This is the expected level of service that we offer on the basis of the estimate provided.
For your Sale
We assume at the outset that your property sale will be straightforward.
This means
- You are selling a freehold property which is contained in one parcel of land and which is already registered at the Land Registry and
- Your Land Registry title and plan correctly identify the property, you as owner and any registered mortgage.
- You are able to provide full and satisfactory responses to the Seller’s Property Information Form and Fittings and Contents forms, in the case of Residential Property, or in the case of Commercial Property the Pre Contract or CPSE enquiries, together with any necessary guarantees or certificates (e.g. for rewiring or replacement windows) promptly.
- One contract is submitted to one buyer.
- The sale is on the basis of an unconditional contract with vacant possession.
- Completion takes place on the date agreed in the contract.
- We will give you one progress update each week (two in the week before exchange and completion) either by telephone or email. We will contact you if matters change or if we become aware of a problem with the property, your buyer or the chain and will keep you informed of progress of your sale.
- We will update the estate agents once a fortnight (and in the week(s) before exchange and completion) by email about progress and on exchange of contracts.
- There are no unresolved issues so you are content to sign the contract to sell the property when we ask you to.
- We will exchange contracts on a date agreed with you once everything is ready.
- We will liaise with you to make satisfactory Completion arrangements.
If you have a mortgage then we also deal with the following:
- Obtain a redemption statement showing the amount needed to pay off your mortgage on completion
- Check the statement and pay off the mortgage out of the proceeds of sale.
Additional fees will be charged if your transaction is not straightforward. This is because we will need to do additional work for you. For instance, additional work becomes necessary:
- If you are selling an unregistered property. This requires us to collate a number of historic documents which together make up your title deeds, these need to be listed and copied to the Buyers Solicitors.
- In the case of a registered property, there are additional entries on the Land Registry title (such as restrictions, covenants, charges or other third party rights) or any additional documents referred to in the Land Registry title which we need to consider (e.g. the consent from a third party may be needed).
- If you are selling a leasehold property. In this case we also need to look at the freehold title and all other leases out of which your lease is granted (e.g. the head lease for a block of flats out of which an underlease of the property was granted) plus other documents such as Landlords consent, deed of assignment and deed of covenant (in the case of the transfer of an existing lease).
- Where the Buyers make additional pre contract enquiries (e.g. queries on Building regulation completion certificates arising from their search enquiries of the Local Authority) or the circumstances require further information to be provided and negotiations, and/or an indemnity policy is needed.
- Where the Buyers request any relevant planning permissions, building regulations approval, listed building consent, FENSA certificates, new build warranty documents, and confirmation/proof that all planning obligations/conditions, S106 Agreement or Community Infrastructure Levy payments etc have been satisfied.
- Additional work or negotiations become necessary as a result of the condition of the property or some other legal issue affecting the property e.g. retentions for building repair work, rights of way, shared maintenance, planning matters revealed by the buyers enquiries or their Local Authority Search (LLC1 and Con29) or issues relating to development potential.
- We need to draft any additional legal documents. Some examples are – Statutory Declarations and Overage Clauses (this is not an exhaustive list).
- You need or wish to have additional and more frequent correspondence or contact (email, telephone or in person) for reassurance, or other purposes. We are always happy to take extra time to help and guide you if you need or want us to.
For your Purchase
We assume at the outset that your property Purchase will be straightforward.
This means:
- You are buying a freehold property contained in one parcel of land which is already registered at the Land Registry and
- There will be a straightforward Land Registry title and plan correctly identifying the property, the proprietor and any registered mortgage and no other matters.
- We will make standard pre contract enquiries of your seller and they will provide full and satisfactory responses, promptly.
- The sale is on the basis of an unconditional contract with vacant possession.
- Completion takes place on the date agreed in the contract.
- We will make standard pre contract conveyancing searches (Local Authority, Drainage & Water, Environmental, and Chancel Check) and there are satisfactory results requiring no further investigation or advice.
- We will give you one progress update each week (two in the week before exchange and completion) either by telephone or email. We will contact you if matters change or if we become aware of a problem with the property, your seller or the chain and will keep you informed of progress of your purchase.
- We will update the estate agents once a fortnight (and in the week(s) before exchange and completion) by email about progress and on exchange of contracts.
- Your finance arrangements and buildings insurance are satisfactory and in place.
- We are able to report to you that all of the above are satisfactory and there are no unresolved issues so you are content to sign the contract to buy the property when we ask you to.
- We will exchange contracts on a date agreed with you once everything is ready.
- We will liaise with you to make satisfactory Completion arrangements.
- We will deal with the usual post completion procedures (30 minutes is allowed) to make sure you are properly registered as the new owners of the property at the Land Registry.
If you require a mortgage then we also deal with the following:
- Follow your lender’s detailed instructions to us about searches, title investigation, insurance, their mortgage deed and registering it etc
- Report to your lender on the property, title, conveyancing searches and enquiries and the buildings insurance cover they require
- Witness your signature to the mortgage deed (also known as a ‘Legal Charge’)
- Register the charge against the property at the Land Registry
Additional fees will be charged if your transaction is not straightforward. This is because we will need to do additional work for you. This additional work is essential to ensure that your property investment and your lender’s mortgage (if any) is secure, for instance additional work becomes necessary:
- If you are buying an unregistered property. This usually requires careful scrutiny of a number of historic documents which together make up the title deeds.
- In the case of a registered property, there are additional entries on the Land Registry title (such as restrictions, covenants, charges or other third party rights) or any additional documents referred to in the Land Registry title which we need to consider.
- You are buying a leasehold In this case we need to look at the freehold title and all other leases out of which your lease is granted (e.g. the head lease for a block of flats out of which an underlease of the property is to be granted) plus other documents such as Landlords consent, deed of assignment and deed of covenant (in the case of the transfer of an existing lease).
- Replies to pre contract enquiries or conveyancing searches require investigation or negotiation, or an indemnity policy is needed.
- If it is necessary to request and or review any relevant planning permissions, building regulations approval, listed building consent, FENSA certificates, new build warranty documents, and confirmation/proof that all planning obligations/conditions, S106 Agreement or Community Infrastructure Levy payments etc have been satisfied.
- Additional work or negotiations become necessary as a result of the condition of the property or some other legal issue affecting the property e.g. rights of way, shared maintenance, planning matters revealed by the buyers enquiries or their Local Authority Search (LLC1 and Con29) or issues relating to development potential.
- We need to draft any additional legal documents. Some examples are – Statutory Declarations, Overage Clauses and Declarations of Trust (this is not an exhaustive list).
- You need or wish to have additional and more frequent correspondence or contact (email, telephone or in person) for reassurance, or other purposes. We are always happy to take extra time to help and guide you if you need or want us to.
- Post completion procedures require more than a standard application to the Land Registry.
We will tell you what the costs will be for each of any Additional Fees.
The Conveyancing Quality Scheme (CQS) Client Charter
We have achieved the standards of practice and integrity required to be accredited by the Law Society’s Conveyancing Quality Scheme.
This scheme’s logo is your guarantee that our practice will provide you with a professional and quality conveyancing service.
What you can expect from us:
- when you contact us to discuss your sale or purchase we will explain clearly the steps in the process and what you can expect from your solicitor
- we will tell you what the costs will be
- we will keep you informed of progress in your sale or purchase
- we will work in line with the quality standards of the Law Society’s CQS.
We will:
- treat you fairly
- be polite and professional
- respond promptly to your enquiries
- tell you about any problems as soon as we are aware of them
- ask for your feedback on our service
If you want to complain about a solicitor, please ask for details of our firm’s complaints procedure.
If you have any other concern about the firm as a member of the CQS, please contact the accreditation office at the Law Society: Email: cqs@lawsociety.org.uk Telephone: +44 (0)20 7316 5550