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Residential Property

The department advises private clients on a wide range of legal issues. In an ever evolving market, we offer well informed advice in all aspects of residential property law.

Recognising that conveyancing transactions can be a stressful time for our clients, we work closely with other professionals and are committed to carrying out the transaction as efficiently as possible

Your Sale
Exchange of Contracts
Your Purchase

Your Purchase

Your Solicitor will need to be advised of:–

  1. As soon as you have settled on a mortgage lender with whom you intend to proceed and advise them of any Broker's name, address and phone number.

  2. You may be unsure as to whether to have any form of private survey carried out for your own benefit rather than the valuation on behalf of your lender which is limited and only for their benefit, although you may be supplied with a copy. Whatever type of property you have decided to buy, this will probably be the largest personal acquisition that you make and therefore to safeguard yourself from any unknown surprises after you have completed your purchase you are well advised to commission a survey report for your personal benefit. Further advice can be given on the types and sources of economical surveys. Always advise your solicitor when your survey report has been received by you and ensure that your surveyor is asked to supply a copy direct to the solicitor.

  3. If you are buying a property jointly with another party give serious consideration as to how you wish to be registered as the owners of the property following completion. Further information on this subject is immediately available upon request
  4. Consider as to whether you require any additional searches to be implemented by your solicitor over and above the generally obligatory Local Authority Search. i.e:-
    (a) Enviromental Residential Search - £39.00
    (b) Plansearch Residential – £30.00
    (both of these may be beneficial if you are purchasing in an area with which you are not particularly familiar or, if you have any specific concerns regarding the locality.) Should an envirosearch show that a property is in an area affected by Radon, we are able to provide further information on this subject.

  5. When viewing a potential property to purchase:–
    (a) attempt to make a mental note as to whether the property has been the subject of any structural alterations, extensions or additions and if so what the areas now comprise.
    (b) In order for loft conversions to be considered "a habitable room" they must comply with certain Building Regulation criteria, further advice available from your solicitor.
    (c) have windows been replaced or newly installed? If there are live fires ask when chimneys were last swept.
    (d) pay particular attention to the condition of the boundary structures (fences) and the line thereof, if there are irregularities in the physical shape of the plot advise your solicitor

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Following Exchange of Contracts

You should arrange for the following:-

  1. Meter readings in respect of electricity and gas on the morning of the day you are vacating the property, giving to the service provider a forwarding address to which your final account can be sent.

  2. Advise the supplier of the telephone line to the property of your impending move and again arrange for any final account to be sent to your new address. Often a buyer will want to take over the existing line.

  3. All rubbish and any items not included in the sale should be removed from the property.

  4. You should arrange direct with the Local Authority to check that all Council Tax liability is paid up to, but not beyond, the completion date. A reimbursement may be due to you

  5. You should arrange to settle any outstanding Water Rate account directly with the Utility at the request that any overpayment beyond the date you are vacating is reimbursed to you

Your Estate Agent will help you deal with any negotiations with the potential buyer throughout the transaction. However, it is prudent to keep your solicitor informed since their assistance will also be necessary.

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When vacating the property:-

The keys should be left with your selling agents who will not release them to your buyer until your solicitor has confirmed that the sale moneys have been received safely into their account.

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Elgee Pinks Solicitors, Wolfelands, High Street, Westerham, Kent, TN16 1RQ tel: 01959 568100 fax: 01959 568110 email: info@elgeepinks.com