Frequently Asked Questions

What is Conveyancing?

The term ‘conveyancing’ refers to all the legal and administrative work associated with transferring the ownership of land from one owner to another. Please refer to the ‘Conveyancing Guides’ on our Services page which details the step-by-step process.

How long does the Conveyancing process take?

According to the latest data provided on the Rightmove website, a sale and/or purchase transaction can take on average between 12-16 weeks to complete. If you have a need to move faster than this, we will do our upmost to facilitate this for you so please contact us to discuss your specific situation and requirements.

Do I have to use a Lawyer?

DIY Conveyancing is perfectly possible if you are not put off by legal jargon and are willing to deal with the large amounts of paperwork involved. In this case you might manage without a professional conveyancer, however, you should consider this very carefully as it is a complex and time consuming business. If the conveyance is not carried out properly you could, for example, find yourself in costly legal disputes over boundaries, or discover that there is a new development planned to be built opposite your home, or even that the seller had no legal right to sell the property. In reality very few homebuyers undertake the conveyancing themselves. There are three main reasons for this:

Mortgage lenders require a Lawyer to be employed in order to protect their interest.
There is a high chance of things going disastrously wrong.
The other people involved may not be happy with you undertaking your own conveyancing, and may not be prepared buy from or sell to you on this basis

Will I have to pay Stamp Duty Land Tax (SDLT)?

If the price of the property is more than £125,000 you must pay SDLT at a starting rate of 2%. This rate rises as the purchase price increases and goes up to a maximum of 12% on that part of the purchase price above £1.5 million (you can use the SDLT calculator on our Links page to work out exactly how much tax you will pay). If the purchase price is £125,000 or less you don’t pay any SDLT (except in certain circumstances).

First-time buyers – if you are a first-time buyer the threshold for when you start to pay SDLT is now £300,000 but this relief is only available if you have never owned a house or flat in the UK or anywhere else in the world. If you are buying with someone else they must never have owned property before either.

Second home owners – if the property you are purchasing is a second property then you will have to pay an additional 3% SDLT on top of the basic rates mentioned above

What is meant by 'Exchange' and 'Completion'?

Exchange is when the contract becomes legally binding and is often described as the “point of no return” in the conveyancing process. Up until exchange either party is at liberty to change their mind with no legal repercussions. When contracts are exchanged the Completion date is agreed and this is the date that you will actually move.

When should I give Notice to my landlord?

You will normally be required to serve 1 months’ written notice on your landlord to terminate your Lease and accordingly you should look to do this at the time that contracts are exchanged with the completion date being agreed around the date that your Lease will end. Sometimes people will set the completion date 2 or 3 days before their Lease expires in order that they have enough time to fully clear and clean the property in preparation for the check-out.

My Buyers want to 'negotiate' on the agreed price, what should I do?

Until contracts are exchanged either party can negotiate the terms of the contract, including the price. Your Estate Agent (if you have one) will ensure that you are not bullied by your buyers into agreeing something that you are not happy with, however, if you have any concerns or questions we are happy to offer you impartial guidance and advice.

I will be away on Holiday, can the transaction proceed without me?

In most cases the answer is yes. With the benefit of email and mobile phones we will normally be able to keep in touch with you on your holiday and if necessary, we can also sign the contract on your behalf. However, we would always recommend that completion is set for a date when you return from your holiday unless you have a family member or a friend who you trust and who can oversee the move as this will normally involve a removal firm and the handing over or collection of keys.

I am having second thoughts, what can I do?

Under English law either party in a contract for the sale or purchase of land is at liberty to negotiate the terms of that contract or withdraw from the contract completely up until contracts are exchanged. In this case there can be no legal repercussions. Once contracts have been exchanged both parties are bound by the terms of that contract and if either party fails to complete then the defaulting party will be liable to pay damages to the other for loss.

Should I have a survey?

You should always have the property that you intend to purchase fully surveyed, however, the type, age and condition of the property will determine which type of survey best suits you.

Mortgage Valuation

If you intend to take out a mortgage the lender will insist on carrying out a mortgage valuation. Although your lender will pass on the cost of the valuation to you this is primarily for their benefit. It is how they ensure that the property provides adequate security for the loan that you are requesting.

Homebuyer’s Survey and Valuation Report

Often referred to as a Homebuyer’s Report this survey is in a format designed by The Royal Institution of Chartered Surveyors (RICS) and can only be carried out by Chartered Surveyors. This survey is suitable for most types of properties and is by far the most common of the more in depth surveys. The report focuses on matters that have a material effect on the value of the property or defects that are in need of urgent repair. It covers the following: General background information on the property and its location. Evidence of the three greatest potential threats to the structure of the building; timber defects, movement and dampness. An inspection of the interior and exterior of the property covering the main elements. An overview of the services including recommendations for further testing if required. The current market value and a valuation for insurance purposes.

Building Survey

This is the most thorough type of survey available for residential property and used to be called a Full Structural Survey. It is most suitable for older style properties or properties that have been substantially altered from their original state. The report does not include a valuation although this can be added by arrangement with the surveyor. It is more detailed than a Homebuyers Report, pointing out even the more minor defects and providing some guidance of the cost of any recommended works.

Testimonials

Mr J. P & Miss K. R

I cannot recommend Brogans enough, they have made my fiancée and me incredibly happy, and we are so pleased we chose their conveyancing services. It's no secret the last year has been a tough time, but Brogans rose to the challenge and were the bedrock of the entire...

Mr L & Miss P

Thank you very much all your work and help on our purchase. The service you provided was exemplary throughout and we really appreciated for all your work. We will recommend you to everyone we know.

Mr A. T

To Sue and all of Brogan Lawyers, thank you for your efforts throughout this process. I am very happy with the high quality professional service I received and the patience exhibited during this busy time. I look forward to conducting business with Brogan Lawyers...

Local Estate Agent

I just wanted to drop you a line and say well done and great job. I also wanted to add that I have been heartened and impressed by your communication with us, especially your positive, respectful and constructive tone in emails. Most lawyers either want to ignore us,...

Brogan Property Lawyers Ltd. Registered in England and Wales. Registration number: 7238987

Registered Office: 64 High Street, Frimley, Surrey, GU16 7JE. Tel: 01276 61943. Fax: 01276 29926

Regulated by the Council for Licensed Conveyancers. License Number 11139.

Brogan Property Lawyers Ltd. Registered in England and Wales.
Registration number: 7238987

Registered Office: 64 High Street, Frimley, Surrey, GU16 7JE.
Tel: 01276 61943. Fax: 01276 29926

Regulated by the Council for Licensed Conveyancers. License Number 11139.

Brogan Property Lawyers Ltd.

Registered in England and Wales.

Registration number: 7238987

Registered Office: 64 High Street, Frimley, Surrey, GU16 7JE.

Tel: 01276 61943. Fax: 01276 29926

Regulated by the Council for Licensed Conveyancers. License Number: 11139