| Buying Property |
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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.
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.
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