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Selling Your Home with BM Law

Sale Negotiated

Once you have accepted an offer to purchase your house, you will need to instruct a BM Law solicitor and give the contact details to your estate agents (if you have instructed one), otherwise, you will need to pass on the details of your BM Law solicitor, to the buyer directly, so that the buyer 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, which will include all the relevant forms about the property that you will need to complete and return to us, together with any Guarantees or Certificates you hold. You should complete and return any forms we send to you, as soon as possible.

Upon receipt of the completed forms, we will obtain your title deeds and up to date Land Registry copies of the title, in order to prepare the draft contract.

Please send us the name, address and account number of your lender. If you don’t have a mortgage, you will need to tell us where the title deeds are located.

Your completed forms will be sent to the buyer’s solicitor, and, in response, the buyer’s solicitors will send to us a list of questions in respect of the property and/or the documents we have provided. We will refer these questions to you and we will then respond to the questions on your behalf.

As soon as the enquiries have been satisfied and the buyer’s solicitor has approved the draft contract, we will forward a copy of the contract to you for signature. The contract must be signed by all legal owners of the property, and any adult occupiers (anyone over the age of 17 years) will also need to sign, to show that they consent to the sale and agree to vacate on completion.

If the property is mortgaged, we will obtain redemption statements from all lenders with a secured charge registered against the property to ensure there is sufficient monies to repay all monies due. If there is likely to be any shortfall, we will inform you of the position, as arrangements must be in place to make up the balance before we commit you to the sale.

You will need to return your signed contract to us, in readiness for exchange.

Exchange of Contracts

Once the buyer is ready to proceed, has paid their solicitor the deposit monies (10% deposit, which will be held in your client account upon receipt of the monies from the buyer’s solicitor and released to you on completion), and agreed a moving (“completion”) date with you, we can proceed to exchange of contracts. Once contracts have been exchanged, the sale becomes legally binding and you must sell and the buyer 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 due to you on completion or, detailing any extra payments required.

Prior to completion we should receive a transfer deed from the buyer’s solicitor. We will forward the approved transfer deed to you to sign and return to us, which we will hold until completion, after which, it will be passed on to the buyer’s solicitor.

We will obtain closing mortgage redemption statement(s), and prepare the final accounts, in readiness for completion.

Completion

On the day of completion we will receive the balance of purchase monies from the buyer’s solicitor, and we will send them the title deeds and any other document relating to the property in return. We will contact you to advise we have received the purchase monies.

We will redeem any mortgage out of the sale proceeds, pay the estate agent fees, pay any agreed indemnity policy, deduct our agreed legal fees and disbursements, and then forward any left over money to you, unless you are using it for a related purchase.

You will need to hand over the keys to the buyer on the completion date agreed, or agree to drop the keys off with your estate agent (if applicable). We will inform you/your estate agent as to when the keys can be released to the buyer.

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.