Buying Property

Buying a new home is a complex process. The buyers 'offer' to buy a property. They offer a price that the seller then accepts, or negotiates with, once an offer has been accepted, the property is said to go 'under offer'.

Once a property is legally 'under offer', it should be removed from the market with immediate effect.

There follows a long trail of paperwork. The buyer must maker sure s/he has a sufficient mortgage offer or funds available. The seller's solicitor must deal with any enquiries raised by the buyer's solicitor and draw up a contract for selling the property.

During this period, the mortgage lender will require a survey of the property to be carried out. This confirms whether the property is acceptable security for the lender considering the price that is being paid. Sometimes, this can be a stumbling block. Surveyors can down-value a property and identify serious structural problems.

It is important to remember that the surveyor valuing the property for the lender will never confirm the property is definitely 'worth' the price agreed.


Most houses are sold on a freehold lease, which means the buyer owns the house and the land that it stands on.

 

Flats and properties such as business premises are usually sold on a leasehold basis. The land, and often the main building itself, is owned by a landlord who leases it for a set period - anything up to 999 years!

 

The landlord and leaseholder have certain rights and responsibilities: Leaseholders must follow the terms of their lease and pay a 'service charge' to cover the costs of maintenance. Landlords must maintain the property.

 

If you're buying a property you should make your initial offer 'subject to contract.' If a survey then finds a problem with the property, terms of lease, or anything else such as disputed boundaries, you can pull out.

 

Once a contract has been signed it's legally binding, but both sides can claim compensation if the deal falls through.

 

The government recently announced new laws that mean anyone selling a property must have a 'sellers pack,' which includes information such as 'buildings surveys,' that are currently only given when contracts are exchanged.

 

Buying a property usually involves solicitors, estate agents, surveyors and unless you're buying with cash, a mortgage provider. You can do some parts yourself, such as the 'conveyancing,' but it's better to get the professionals to do it for you, even if it's expensive.


As part of the conveyancing, solicitors carry out the necessary local searches. They ensure that the property isn't due to be demolished, subject to a compulsory purchase order, which might happen when the area the property is in is due for re-development, and most importantly of all, that the seller actually owns the property.


They organise the transfers of money, deeds, and the particulars of the sale, such as the fixtures and fittings included in the purchase and determine the boundaries, rights of way and that a legally binding lease exists.


Estate agents represent the seller. Should a problem arise with an agent you can complain to their trade association or the estate agent's ombudsman. Your local Trading Standards office can help you here and anything up to £50,000 can be awarded in compensation for problems.


The surveyor inspects the property to ensure that it's worth the asking price. Your mortgage provider will insist on a minimal survey but it's worth having a more detailed survey done to be on the safe side.


The seller isn't legally obliged to point out any problems with the property, although they must answer truthfully any questions they are asked. If a problem arises the seller may be liable under the Property Misdescriptions Act 1991 and may have to compensate the buyer.

 
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