What Do Housing Solicitors Do?
During the process of buying or selling a home most will use the services of a housing solicitor
. But what exactly do housing solicitors do? This article takes a brief look at some areas of moving home that a solicitor is involved in.
When selling a property the first role of the solicitor is to check the title of the property to ensure everything is as you believed it to be, including that you are the legal owner. They will then draw up a contract for sale between you and the prospective buyer. This includes dealing with the fees; how much you will be paid for the property and when the transaction will take place. Once you are ready to sell your previous home your lawyer will be involved in making sure the previous mortgage (if you have one) is fully paid off. They will liaise with the relevant parties, including the estate agent and buyer, to arrange a date for the exchange of contracts. Most importantly, they will ensure the payment from the new owner and their lender is received. Once everything has been completed your solicitor will notify HM Land Registry of the exchange of contract and the details of the new owner.
When you instruct a housing solicitor to begin the legal process of purchasing a property one of the first things they will do is check the title at HM Land Registry to ensure the details you have been given are correct and that the seller is free to sell you the property. They will query anything that they deem necessary and gather any relevant information. There can be a mass of legal information that needs to be sifted through and making sure any legal matters are tidied up is crucial. A good solicitor will gather all the relevant information and prepare a legal package so it can be easily understood by their client. There may be specific legal information regarding a particular property that you need to be aware of. This can include any local laws or regulations and any restrictions, such as building restrictions, and any potential problems with the property. Anything that could affect the value will be included here. They will liaise with your mortgage company and the seller (or the sellers solicitor) regarding payment and the exchange of contracts. Once you have purchased a new home you will own the deeds for the property and it is the lawyers responsibility to obtain these from the previous owner.
There are many reasons to hire a housing solicitor when buying or selling a property. The main one is that it is a criminal offence for someone who is not qualified to do so to draw up a contract of sale. There are certain aspects of the legal process, though, that can be done by the buyer or seller themselves. It is, however, a complicated process and there are many legal hoops to go through. It needs doing properly and professionally and using a solicitor can prevent a lot of stress.
Housing solicitors are not only used when buying or selling properties, but can be used for rental properties too. They can be involved in contracts between landlords and tenants as well as the occurrence of any disputes. A landlord or tenant might hire a lawyer if they believe the other party is acting illegally.
Repossessions are another situation where housing solicitors may be utilised. If a property is being repossessed it is likely the bank or mortgage company will use a solicitor to ensure everything is done according to the law. The home owner might also hire legal representation, particularly if they believe the attempted repossession in breaking the law.
Andrew Marshall
by: expo09
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