This stage is where most of the legal work takes place. Your property lawyer will investigate the legal title to the property, order and review searches, and receive your mortgage offer, where applicable.
Receiving Contract Papers
The seller’s lawyer will send the contract papers to your property lawyer. These will include details of the legal title, property information forms completed by the seller, and any other relevant documents, such as guarantees or planning consents.
Your property lawyer will carefully review the contract papers and raise any necessary enquiries with the seller’s lawyer regarding the legal title and other matters that may affect your purchase.
At this stage, your property lawyer will also send you a detailed contract report explaining the key information about the property, together with the contract papers that require your signature.
Once the seller’s lawyer responds to the enquiries raised, your property lawyer will report back to you again, explaining the replies and any implications for you.
Searches
Your property lawyer will arrange a number of searches in relation to the property you are buying, including:
Local Authority search – provides information on matters such as local land charges, planning permissions, building regulation history, and whether the road is adopted and maintained by the local authority.
Water and drainage search – confirms whether the property is connected to mains water and foul drainage, and whether any public sewers or water mains run within the property boundaries.
Environmental and land contamination search – identifies whether the property may be at risk of contamination. In some cases, a clean-up notice can be served on the homeowner, which could result in significant costs.
Survey
It is strongly recommended that you instruct a surveyor to assess the structural condition of the property. You purchase the property as seen, including any structural issues that may exist, and your property lawyer is unable to advise on the physical condition of the property.
Once available, please provide your property lawyer with a copy of the survey so they can review any legal recommendations made by the surveyor.
Please note that a mortgage lender’s valuation is not a survey. The valuation is carried out solely for the lender’s benefit to confirm that the purchase price is acceptable to them.
Mortgage
If you require a mortgage, your property lawyer must receive a copy of the mortgage offer directly from your lender. When a mortgage is involved, the lender also becomes a client of the firm, and your property lawyer must comply with the lender’s requirements in order to proceed.
Upon receipt of the mortgage offer, your property lawyer will review any conditions or requirements and advise you as necessary.
They will report to you on the mortgage offer, provide any documentation that needs to be completed, and issue a draft completion statement showing any funds required from you.
They will request details of your buildings insurance and a copy of the lender’s valuation.
Please note that if your property lawyer requires funds from you to complete the purchase, they may ask for evidence to verify the source of those funds, such as copies of bank statements.