Conveyancing & Property Solicitors

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Conveyancing experts for your next big move

Darton Law conveyancing solicitors can offer specialist advice on residential conveyancing transactions, and are fully accredited under the Law Society’s Conveyancing Quality Scheme.

We can act for you on:

  • Sales
  • Purchases
  • New-Builds
  • Re-Mortgage
  • Lease extensions

We provide an efficient and friendly service to keep you in touch as your transaction progresses.

Also, we have have a wide experience on commercial matters and can assist you on commercial property lease renewals and business sales.

Conveyancing Fees and rates

We offer competitive fixed fees and a dedicated and skilled service which is tailored to your specific needs. Most services are provided for a fixed fee.

Please contact us to discuss your requirements with one of our specialists;

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The Residential Conveyancing Process

There are 5 Key stages in both the Sales and Purchase of residential properties.  We have outlined these below.

The Sales Process

Once you have accepted an offer from a potential buyer your Estate Agent will ask you for details of your solicitor, they will also ask the buyer for the same information.  The Estate Agent will then exchange this information in a document called The Memorandum of Sale.  The Memorandum of Sale will be sent to each solicitor with the EPC and the sales brochure.

The solicitors will then write to each other to confirm that they are instructed in the transaction and confirm the information set out in the Memorandum of Sale.

At the same time, you will be provided with a number of documents to complete.  The first is the Property Information Form, this will ask you for information specific to your property such as boundaries, structural changes and services.  This needs to be completed and you will need to attach any relevant documents in your possession such as a FENSA certificate or a Gas Safe certificate.  The second is a Fittings and Contents Form, this asks you about the fixtures and fittings in the property and aims to make sure that both buyer and seller know what is to be left in the property upon completion.

If your property is a leasehold property you will also receive a Leasehold Information Form which asks information relating to the lease of the property such as the management company and landlord information and fees that you currently pay.

These three forms are then returned to your solicitor.  Once your solicitor has received confirmation of instructions from the buyer’s solicitor the Contract Pack is then drafted and sent to the buyers solicitor.  The Contract pack consists of a draft contract, the forms provided by you and the Land Registry titles pertaining to the property to be sold.  There will always be two Land Registry Official Copies.  One is the title for the property, and one is the plan.  If there are covenants contained within the title held in other titles, then these will also need to be downloaded.  For a leasehold property there will also be a title and plan to be downloaded for the freehold and the lease which should be registered with the Land Registry.

Your buyer’s solicitor will then use this information to order their initial searches.  Some searches are returned immediately, however some such as the Local Authority search take a number of weeks to be returned.  Once the buyer’s solicitor has received their searches back they will send enquiries.  These will relate to questions they have about the property, the information you have provided and anything that has shown up in their search results.  Your solicitor will send these enquiries to you and then forward the responses to the buyer’s solicitor.  During this process the solicitors will agree on the terms of the contract of sale and also will agree the transfer document known as a TR1 to be provided to the buyer upon completion to enable them to be sent to the Land Registry to register the buyer as the new owner of the property.  Once these two documents have been agreed they will be sent to you to be signed.

Once the buyer and their solicitor are happy that all of their enquiries have been answered the parties will move to exchange of contract.  Before exchanging your solicitor will agree the dates with you to exchange contracts and complete the sale.  Once contracts have been exchanged you will have committed to the sale on the agreed date.  Failing to complete on the contracted date will have consequences so you must ensure you are able to vacate the property by 1pm on the date of completion.

On completion day you will need to ensure that the property is left empty and that the keys are left in the agreed place (usually with the Estate Agent).  Your solicitor will deduct their fees from the proceeds of sale, pay the invoice to the Estate Agent, redeem your mortgage if applicable and the proceeds of sale will be sent to you, or used for your onward purchase if you are purchasing an alternative property.

Original documents will then be sent to the buyer’s solicitor.

The Purchase Process

Once you have had your offer accepted by the seller via the Estate Agent your Estate Agent will ask you for details of your solicitor, they will also ask the seller for the same information.  The Estate Agent will then exchange this information in a document called The Memorandum of Sale.  The Memorandum of Sale will be sent to each solicitor with the EPC and the sales brochure.

The solicitors will then write to each other to confirm that they are instructed in the transaction and confirm the information set out in the Memorandum of Sale.

At the same time, you will be provided with some documents to complete which are unique to your solicitors firm, this will include information to enable your solicitor to proceed with the transaction.

Once the seller’s solicitor has confirmed their instruction they will issue a Contract Pack. The Contract Pack includes a draft contract of sale, the Property Information Form and Contents and Fittings Form, the Land Registry Title and Plan and any other accompanying documents.

Your solicitor can then order the initial searches.  This is usually a Chancel Check search, a Drainage and Water search, an Environmental search and a Local Authority search.  Once these search results are received, we will prepare a report on title for you and we will raise initial enquiries with the sellers solicitor.  We would also strongly advise you to have a survey of the property carried out. If you are obtaining a mortgage, your lender will obtain a valuation report which merely confirms to them that the property value is sufficient to support the amount of the loan. Enquiries may be raised of the contract and your solicitor will also issue a draft Transfer document known as a TR1, this is to enable you to register yourself as the legal owner with the property once completion has taken place.

When all enquiries have been answered and the draft documents have been approved and they will be sent to you for your signature.  You will then be ready to proceed to exchange of contracts.  The exchange of contracts is legally binding and is where the parties agree to commit to the purchase and agree a date for completion.  Your solicitor will agree these dates with you prior to exchanging contracts.  You may also be required to send a deposit to the seller on exchange. It is important to note that you are responsible for insuring the property upon exchange.

Between exchange and completion, we will send you a completion statement, informing you of the funds required to be sent to us in time for completion. On the day of completion, we will send completion funds to the sellers solicitor, they will confirm when funds are received and your solicitor will then confirm completion.  The next step will be to file a stamp duty return and pay the stamp duty where applicable.  Documents will then be sent to the Land Registry to register your title, confirming your legal ownership of the property.

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