Property Law

Property Law

Your Residential Property Solicitors

Conveyancing Solicitors & Property Law

Whether you are buying a house or flat, or selling your home, Clough & Willis' residential conveyancing services can help you. Our expert team will provide you with a quick and efficient service, independent of banks and mortgage advisers, and will keep you up to date at all stages of the process.

Our experienced property team has been awarded membership of the Law Society's Conveyancing Quality Scheme (CQS) - the mark of excellence for the home buying process.

If you are buying or selling, you need to be sure that the person representing your interests is an experienced property specialist. Our conveyancing solicitors are experienced and maintain up-to-date knowledge on developments in property law, ensuring that you have the best advice at your disposal.

For advice regarding any aspect of property law, contact our team of conveyancing experts today. From our offices in Bury and Bolton, we have helped hundreds of clients move home with minimal stress.

Call us on 0800 083 0815, or fill out an online enquiry form on this page to start your enquiry.

How we can help

The conveyancing team at Clough & Willis has assisted numerous individuals and families in navigating the complexities of property transactions, and we are committed to delivering an exceptional service in a friendly and approachable manner.

If you’re buying or selling property, we will assess your needs and guide you through the conveyancing process. We will work to understand your legal requirements and build the strongest possible case to help you achieve a smooth and successful outcome.

By working with a trustworthy, experienced and specialist conveyancing solicitor, such as those at Clough & Willis, you can be confident that you have a legal expert by your side who will work to ensure all the legal aspects of your situation are handled with the utmost care, offering support every step of the way to help you focus on what truly matters. Our team's expertise in property law makes sure that your property transactions are conducted with precision, efficiency and in full compliance with UK law.

Our Property Law Services

At Clough & Willis, you will deal with the same person throughout proceedings, and they will keep you informed at all times.

We can provide legal advice and guidance in the following areas:

 We offer:

  • The expertise of specialised professionals
  • A high level of service and communication
  • No call centre, no gimmicks
  • Our independence of bank or estate agency ownership (we do not pay referral fees to third parties for your work)

You should insist on all of the above as a minimum when dealing with what is probably your biggest investment - your home.

We want to take as much stress away from the process of buying or selling a property. We are always at the end of the phone if required. Every client is important to us, we want you to feel you are getting a personal service, and we are competitively priced.

Therefore, before you instruct a solicitor, please contact us. Whether you want to get a free no-obligation conveyancing quote or an initial consultation about another property law issue, we’re always on hand to help.

What are the steps involved in buying a residential property?

Buying property is a significant undertaking and the process involves several key steps. Before starting the conveyancing process, you should identify your needs and budget to determine what you're looking for in a property. This involves taking into account mortgage availability and other financial considerations. You can then search for properties that meet your criteria, making use of estate agents, online platforms or other means like word-of-mouth.

Once you have found a suitable property, you can begin the conveyancing process. Before anything else, you should seek advice from a conveyancing solicitor - such as the experts at Clough & Willis. The process then typically involves:

  1. Mortgage application: if applicable, apply for a mortgage and obtain a formal mortgage offer.
  2. Making an offer: this can be done through the estate agent or more directly to the homeowner or landlord.
  3. Survey and searches: your solicitor will conduct the necessary searches to identify any potential issues with the property, and you may also wish to commission a survey to assess the property's condition.
  4. Exchange of contracts: once all enquiries are satisfied, contracts are exchanged and a deposit is usually paid, the agreement becomes legally binding.
  5. Completion: on the agreed completion date, the remaining funds are transferred and the keys are handed over. The property is then legally yours.
  6. Post-completion formalities: your solicitor will handle the registration of the property in your name with the Land Registry and deal with the payment of Stamp Duty Land Tax if applicable.

The process can be complex, and having experienced conveyancing solicitors like those at Clough & Willis can make the journey much smoother, providing expert guidance and support throughout.

What are the steps involved in selling a residential property?

Selling a residential property involves a series of steps, and having a clear understanding of the process can make the experience more manageable. At Clough & Willis, we assist our clients at each stage, ensuring a smooth and successful sale. Here are the typical steps involved in selling a residential property:

  1. Valuation: obtain a valuation of your property from estate agents or a professional surveyor to determine an appropriate asking price.
  2. Choosing an estate agent: select an estate agent to market your property, or you may choose to sell privately. An estate agent may offer you an easier, more hands-off process, but they will demand a fee.
  3. Preparing the property: ensure the property is presentable for viewings, considering any necessary repairs or improvements.
  4. Accepting an offer: once a buyer makes an offer, you can accept, reject or negotiate the terms.
  5. Drafting contract and answering enquiries: your solicitor will draft the contract and respond to enquiries from the buyer's solicitor, providing necessary documents and information about the property.
  6. Survey and searches: the buyer may commission a survey, and their solicitor will conduct searches related to the property.
  7. Exchange of contracts: once all parties are satisfied, contracts are exchanged, making the agreement legally binding. A completion date is agreed upon at this stage.
  8. Completion: on the completion date, the buyer's solicitor transfers the remaining funds and you hand over the keys. The property is now legally the buyer's.
  9. Settling accounts: your solicitor will settle any outstanding mortgage, pay the estate agent's fees and transfer the remaining proceeds to you.
  10. Post-completion formalities: your solicitor will ensure that all necessary legal formalities are completed, including the removal of your name from the Land Registry.
  11. Moving out: plan and execute your move from the property, ensuring it is left in the agreed condition.

What documents are needed for conveyancing?

The conveyancing process requires various documents to be meticulously prepared, reviewed and exchanged. Some of the key documents typically needed include:

  1. Proof of identity and legal status: such as a passport, driving licence and proof of address.
  2. Property information form: completed by the seller, providing details about the property including boundaries, alterations and disputes.
  3. Fittings and contents form: detailing what is included in the sale.
  4. Title deeds: showing legal ownership of the property.
  5. Contract of sale: drafted by the seller's solicitor and reviewed by the buyer's solicitor.
  6. Mortgage offer (if applicable): detailing the terms of the mortgage.
  7. Search results: including local authority searches, environmental searches, and water and drainage searches.
  8. Energy Performance Certificate (EPC): providing information about the property's energy efficiency.
  9. Lease (if applicable): if the property is leasehold, the lease will be required.
  10. Completion statement: detailing the final financial settlement.

The specific documents required can vary depending on the property and the nature of the transaction. Our conveyancing and property lawyers ensure that all the necessary documents are correctly prepared, reviewed and handled, facilitating a smooth and legally compliant process.

How long will the conveyancing process take?

The conveyancing process can vary in length depending on several factors, such as the complexity of the transaction, the efficiency of other parties involved and whether it is part of a property chain. On average, the conveyancing process in the UK takes between ten and 12 weeks from the acceptance of an offer to completion. However, this can be shorter or longer depending on individual circumstances. With our legal services, you can make the process as efficient as possible, keeping you informed at every stage and working to meet your timelines.

FAQs about residential conveyancing and property law

What is residential conveyancing?

'Residential conveyancing' refers to the legal process involved in buying, selling or transferring ownership of houses or flats. It involves various stages, including the negotiation of terms, preparation and review of legal documents, conducting property searches and surveys, and the finalisation of the transaction with the exchange of contracts and completion. Our expert conveyancing solicitors ensure that all aspects of the process are handled with the utmost professionalism, providing clients with a seamless experience.

What is Stamp Duty Land Tax (SDLT)?

Stamp Duty Land Tax (SDLT) is a tax paid on the purchase of property or land over a certain price in England. It is a legal requirement and must be paid within a specific timeframe, usually within 14 days of completion of the property transaction.

The amount of SDLT you pay depends on several factors, including the purchase price of the property, whether it is residential or non-residential, and whether you are a first-time buyer or own other properties. There are different bands of SDLT, and the rate increases progressively with the value of the property.

We can help you to accurately calculate the SDLT due for your specific transaction and ensure that you pay it in compliance with the law.

Do I need a conveyancing solicitor to buy a house?

While it is technically possible to handle the conveyancing process yourself, it is highly recommended to seek advice from a conveyancing solicitor when buying a house. The process involves complex legal work, including drafting and reviewing contracts, conducting property searches, liaising with various parties and ensuring compliance with all relevant laws and regulations. A mistake or oversight could lead to significant legal issues and financial loss. By working with Clough & Willis, you can ensure that all of your legal requirements are handled professionally, reducing the risk of costly and time-consuming mistakes and providing peace of mind.

Need help right away?
Contact Clough & Willis

We can offer easy-to-understand advice on all areas of conveyancing and property law and will work our hardest to get you the best possible outcome - whether that is ensuring a smooth sale or negotiating a contract in your favour. 

Contact us today to speak to a property law solicitor by calling 0800 083 0815, or fill out an online enquiry form and we will get back to you at a convenient time.

 

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