Whose fault is it when conveyancing is “slow”?

You may have found a buyer for your property, and agreed a completion date that would suit you and the rest of the chain – but nothing is guaranteed.

It is possible for a straightforward sale to be completed in just four to six weeks, but not all conveyancing is simple. We don’t really know how long it will take until work starts.

For example, we need to check if the lease was defective when you first bought the property, whether any building or conversion works have been done without consent from the council, landlord or neighbours, if there are service charges to be paid, and so on.

We may have to find answers from the buyer’s solicitor, the council, your mortgage lender, freeholder, managing agent, and many other parties.

Some of the legal issues we need to investigate include:

1. Contractual liabilities
2. Registration
3. Tenure
4. Caveat emptor
5. Rights or easements
6. Restrictions
7. Covenants
8. Overriding interest
9. Lender requirements
10. Indemnity policies

For the sale to go through successfully, all the pieces of the jigsaw have to come together at the right time. One weak link who is slow to respond to our enquiries can cause delays for everyone.

To help speed the process, the Conveyancing Association is launching a training course for estate agents. Made up of three modules, delegates will learn about the legal process and terminology, basic conveyancing principles, and what they can do to help. This increased understanding should ease working relationships and could help property sales go through faster.

Help us to help you

You can help too, by nailing down your mortgage in good time, being organised, and making sure you provide all the necessary documents promptly.

Keep on top of proceedings, but exercise patience. Buying and selling property is a major transaction, and is almost always slower than you want and expect it to be.

Be aware that the process can be derailed by the unexpected illness of someone further down the chain, as well as planned absence such as holidays, so allow time for this in your expectations.

Instruct your conveyancing solicitor early in the process – even before you have found a buyer for your property or made an offer on the property you want to buy.

Make An Enquiry

Call us now on 07855 849232 or complete our Online Enquiry and we will be delighted to talk with you about your legal matter.

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May 5, 2017 at 9:00 am
Category: Client news, Legal updates

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