Transfer of Equity

FAQs


What is involved in a typical case?
  • Taking client’s instructions and establishing who is acting for the other party, their contact details and their Identification Documents (if they are unrepresented).
  • Obtaining and certifying your Identification Documents in accordance with current requirements.
  • Obtaining evidence of title and checking if any Lender’ consent is required and if so obtaining
  • Extensive review of the legal title to the property, to ensure that the transferor is legally entitled to transfer the property; and to ensure that there are no onerous covenants or rights; and to ensure that all necessary rights are in place to allow use of the property for all normal residential purposes.
  • Ensuring that any Restrictions on the legal title are reviewed and complied with to enable the transfer to take place.
  • Preparing or reviewing the Transfer and obtaining signatures of all parties
  • Considering the simple SDLT position and completing a Return if necessary.
  • Enquiring whether the other party has legal representation or is advised to obtain independent legal advice
  • Preparing completion statement and obtaining finance
  • Completing and paying SDLT if applicable
  • If acting for the Transferee, registering the Transfer at the Land Registry.
  • Providing a copy of the registered title to you, the other party’s solicitor and lender if appropriate.
What assumptions have we made?

It is important for you to appreciate that the information provided above is based on a number of assumptions, including:

  • That the property is registered with the Land Registry.
  • That our investigations do not reveal any legal issues which must be resolved prior to completion of the transfer.
  • That you are obtaining the property for your own occupation.
  • That there are no other unusual problems or complications.

If any of these key assumptions are incorrect or change over time, we will need to provide you with a revised scope of work, revised timetable and revised fee estimate.

What would we have to pay to others on your behalf?

“Disbursements” is a rather old-fashioned word to describe all the fees and taxes we have to pay other organisations on your behalf as part of the house-buying process.

We have tried to include all the major items of expenditure that we anticipate you will incur during the transaction in our e-quote estimate.

Sometimes however matters can arise which mean that extra costs are incurred.

How long would a typical case take?

Period up to completion – usually 4-6 weeks

Post completion formalities – usually 2-3 weeks but dependent upon the Land Registry

Note:

  • Estimated time frames run from when we receive your instructions to proceed.
  • These time frames are our best estimates only as there are many aspects of this matter over which we have little or no control.
Who would be handling my case?

Details of our team and their experience can be found here.

Once we fully understand your needs, we will assign your case to the most appropriate member of our team. All work done by the team is ultimately supervised by the Team Leader or one of the other partners in the team. The lawyers in our team are supported by paralegals and other assistants to ensure that your case is handled efficiently and cost-effectively.