Private Client Services

Buying or selling your home

When you employ Jackamans to help you with the purchase or sale of your property you are hiring knowledgeable lawyers who can handle all the matters needed to achieve an efficient resolution of your sale or purchase.  It is often said that English property law is riddled with grey areas, and it is with these – perhaps unforeseen details – where working with our experts will pay dividends.

A seller, for example, is not required by law to tell the purchaser about any problems that may exist with the property, or about any problems encountered with neighbours.  However, if asked direct questions from us they are legally obliged to give honest and full information.  This is an important aspect of our work.

Our lawyers are there to take your transactions all the way through, from the everyday processes involved in all transactions, to rooting out anything unique to your situation, ensuring a happy end to the sale or purchase.

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Our Approach

Jackamans’ property experts have many years of experience in dealing with a vast range of property transactions.  This experience lends them a sharp eye for spotting any pitfalls and for seizing opportunities along the road to the successful completion of your sale or purchase.

Every property transaction follows a similar route.  The solicitor for the person selling will draft a contract containing details of the property and the sellers, and this will be sent to the purchaser’s solicitor who will examine it.  When all parties are happy with the contract, both sides sign a copy and contracts are exchanged.  At this point, the sale is binding: the buyer pays a deposit (often 10% of the sale price) and a date is set for completion, when the buyer will be the new owner of the property.

You can rest assured that a Jackamans’ lawyer will cover all the bases, giving you the peace of mind to get on with your life.

Expertise

  • Buying or selling your home
  • Buying or selling investment property
  • Tenancy agreements
  • Remortgages
  • Transfers of equity
  • Equity release plans
  • Deed of gift
  • Planning issues
  • Lease extensions

FAQs

What is Conveyancing?

It is simply the transfer of ownership of a parcel of land. Provided you comply with certain formalities, it is not much more different than buying anything else and you could simply hand over the cash to the seller without involving lawyers. However, that is usually not a great idea :

  • Because of the sums involved, you might think it better to involve a solicitor who can check that the person you are paying is not only the person who is able to sell but also has the right to do so. If he is not, you could well end up with nothing for your money.
  • It is largely a question of you buying what is offered (“let the buyer beware”). A solicitor can carry out investigations to check what legal rights exist that you might need (eg a right of access from the road to the front door) or others have (eg a right for your neighbour to walk across your front garden to access their property). We can also review relevant planning and other such issues – are the drains connected to the main sewer; will a new road be built in the immediate vicinity. We can clarify the position with boundaries, fixtures and fittings. If these matters only come to light after you buy, you cannot usually do anything but accept them.
  • If those formalities are not dealt with properly, your ownership can be challenged.
  • Lenders will want to ensure all these matters have been dealt with by a conveyancer.

The purpose of using a conveyancer is to ensure you know exactly what land you are buying, and that the process of handing over a good deal of money actually ends with you owning that land. Of course, you are likely to be much more interested in the house built upon the land but that is actually of very limited importance from the legal perspective. It is just something which usually changes ownership with the land to which it is attached.

I’m buying a house, at what stage should I instruct a Solicitor?

You and your conveyancer should carry out the conveyancing process as a team. That involves working together at all stages to maximise

We would normally start the conveyancing process itself at the point the Estate Agents or yourself confirm you have made an offer to buy which has been accepted. However, it is often sensible to inform us as early as possible, if only for information purposes. In that way, we can let you know of any developments which you might want to take into account (eg changes to Stamp Duty rates or tax law), or discuss with you other factors which might impact on the timings.

 

Do I have to pay Stamp Duty?

Yes, it is likely that you will need to pay stamp duty.  The current stamp duty “holiday” only applies for properties with a value of up to £250,000, and this arrangement is due to end on 30th September 2021.

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