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Buying Your Home with BM Law

Purchase Negotiated

Once your offer to purchase has been accepted, you will need to instruct a BM Law solicitor and give the contact details to the estate agents (if applicable), otherwise, you will need to pass on your BM Law solicitor’s details to the seller directly, so that the seller can pass on the details to their own solicitor.

You will be required to make a payment on account for initial disbursements and provide us with your ID and proof of your address.

We will send you our welcome pack; you will need to complete all the relevant information and return it to us, as soon as possible.

We will request contract pack from the seller’s solicitor.

If you intend on obtaining a mortgage to finance your purchase, you will need to contact your bank or building society to secure a mortgage promise (also known as a ‘Decision in Principle’ or ‘Agreement in Principle’, which gives an indication as to the amount that the bank is willing to lend). You should also obtain a survey of the property.

Contract, Searches & Enquiries

Upon receipt of the contract pack from the seller’s solicitor, we will send a copy of the pack to you, which should include a plan of the property. We will discuss with you, the relevant searches to be conducted, usually a Local Authority Search, Water and Drainage Search, Environmental Search and, depending on the area, a Coal Mining Report. We will request the relevant searches accordingly.

We will carefully analyse the search results and examine the contract, as well as any supporting documents supplied by the seller, to ensure there are no issues which could adversely affect your enjoyment of living in the property or the financial investment you are making in property. We will discuss our findings with you and raise enquiries with the seller’s solicitor.

Upon receipt of full replies from the seller’s solicitor, and confirmation of a mortgage offer from your lender, we will send you a full report. We will also bring to your attention, any special conditions contained in the mortgage and confirm that the details held by your lender are correct.

Once all outstanding matters have been resolved, we will request that you attend our offices to sign the contract and all the other legal documentation, or alternatively, we will send the contract to you via post.

Exchange of Contracts

We will discuss the proposed completion date with you and you will be required to forward to us a 10% deposit, which will allow us to agree a completion date and exchange contracts on your behalf.

Once you are ready to proceed, we will forward your deposit to the seller’s solicitor to be held on account until completion.  Once contracts have been exchanged, the sale becomes legally binding and the seller must sell and you must buy the property on the completion date agreed.

You can now make arrangements with the removal company (if you have instructed one) and arrange to inform your service utilities providers that you are moving.

We will prepare a statement, detailing the amount required to complete your purchase, this will include the amount required for your legal fees, as well as stamp duty and we will also take into account any mortgage advance received. We will also complete any pre-completion searches.

Prior to completion we will send to the seller’s solicitor a draft transfer deed for the seller’s solicitor to approve before completion. We will then draft a final transfer deed ready for completion and forward the deed to the seller’s solicitor.

Completion

You will be required to send to us the day before completion, the balance of the purchase monies required to complete.

On the day of completion we will send the balance of purchase monies, including the mortgage advance received from your lender, to the seller’s solicitor. You are now the legal owner of the property.

The seller’s solicitor will arrange for the keys to be released and we should receive from the seller’s solicitor, the title deeds and any other document relating to the property.

We will arrange to file your Stamp Duty Land Tax (SDLT) Return and we will apply to register your ownership of your new home at HM Land Registry. We will also apply for   your mortgage (if applicable) to be noted on the title deeds as a secure charge in favour of your bank/building society. We will forward to you, your updated copy of your registered title deeds upon receipt of the deeds from HM Land Registry, unless you instruct us to retain the documents at our office.  We will also forward a copy of the title deeds to your lender (if applicable).

Please note that this guide provides an overview of the conveyancing process. We will liaise with you throughout the process and we will be happy to answer any questions you may have.