Archive for the ‘conveyancing’ category

Conveyancing Quotes – Basic Fees & Disbursements

July 14th, 2010

To cover the time that a conveyancer spends working on your transaction, you will need to pay them a basic fee, which will be based on one of the following pricing systems:

1) A pre-determined fixed-fee.

2) A fee that is linked to the final sale price of the property.

3) An hour by hour fee.

If you have the option to pay a fixed pre-determined fee then you should definitely take it, especially if you are buying or selling an expensive property. Unfortunately though, fewer and fewer conveyancing firms are now offering that pricing system, as it is the least profitable for them.

The most common pricing system is the second one stated, and that is the one that most people end up using. You should avoid paying a conveyancer on an hourly basis because you will not know beforehand how much to budget for their services.

Inevitably you will pay more overall if you opt for that pricing system.  In addition to the basic conveyancing fee, you will also have to factor in disbursements, which are the unavoidable costs incurred by a conveyancer whilst working on your transaction.

Amongst other things, this includes licenses and taxes. Disbursements should, in theory, cost the same whichever conveyancing firm you decide to use, as the prices are not set by them, but by the people they buy from. However, some conveyancing firms will add a mark-up onto disbursements to boost their own profits.

Some conveyancing firms take advantage of the gray area between the basic fee and disbursements. They will advertise a very low basic fee, but will only include a few services for that fee, with the rest of them being wrongly categorized as disbursements, and you being charged a hefty price for them.

Therefore, you will need to not just consider the cost of conveyancing quotes, but also what exactly is included within them. You will be able to find a list of what is generally included as standard within a basic conveyancing fee by doing a little online research.

How Online Conveyancing Works

July 14th, 2010

In the technological world we are living in today, almost anything can be done online, and conveyancing is no exception.

Conveyancing is the legal term for the process of transferring ownership of a property between two parties. A conveyance is legal document known as a deed that conveys a property from the seller (or vendor) to the buyer.

Property conveyancing is usually carried out by a solicitor, a licensed conveyancer, or, in Scotland, a solicitor’s agent. It is possible to carry out your own conveyancing, but for most people this is not advised. Some estate agents offer in-house conveyancing services, although it is usually wiser to engage an independent solicitor in order to avoid any conflict of interest.

Finding the right conveyancer can be laborious and time consuming and therefore online conveyancing can be a quicker, easier and often cheaper option. There are many benefits to using an online service. Geographical location of the conveyancer is irrelevant as everything is done online eliminating the need to meet at the conveyancer’s office and saving you time.

Many online conveyancers operate a “No move, no fee” policy, ensuring that the user is not liable for any cost other than those occurred on your behalf.

There are 3 types of online conveyancing services:

1)      Conveyancing factories. These are usually low cost, large volume solutions. Due to the mass conveyancing approach taken, call centres are often used and communications may suffer.

2)      Specialist firms. These are usually more expensive but offer an excellent level of service.

3)      Conveyancing brokers. These are similar to insurance brokers as they have access to many services and companies. Once the customer has provided their details, the most appropriate conveyancer will be determined.

It is important to ensure that the online service you choose is regulated by the Law Society and is covered by indemnity insurance.

The online conveyancing process begins with the customer seeking an online quote and deciding to instruct the conveyancer to proceed. The conveyancer will then write to confirm the instructions and send a “welcome pack” which outlines the whole process. The customer is allocated a member of the conveyancing team and given contact details, both telephone number and email. Very often, an online conveyancer will be available to deal with any queries at weekends and evenings, unlike traditional office based services. Most online conveyancing services will provide you with password protected instant updates, by email or SMS, allowing you to keep track of the progress of your case 24 hours a day, seven days a week.

The conveyancing process should involve the following:

1)      Verifying ownership of the property and ensuring that a good title is obtained. Title refers to a bundle of rights in a property and is distinct from possession, which can accompany ownership but is not necessarily enough to prove it.

2)      Carrying out local authority searches.

3)      Ensuring that the land has been registered and checking the existence of any restrictive covenants. Restrictive covenants refer to the restriction of anything from the height or size of building, to the materials used in construction.

4)      Ensuring that any planned alterations has necessary planning permission, building licenses, and that they have a warranty.

5)      Checking that any debts against the property are cleared before contract exchange.

6)      In leasehold properties, the lease and its clauses are checked.

7)      Drawing up a contract of sale.

8)      Registering the title in the name of the new owner after the property is sold.

All of the above steps are done online which cuts down on overheads and therefore offers a cheaper conveyancing solution.

Myhomemove Buy Easier2move For A Undisclosed Sum

July 2nd, 2010

Conveyancing giant Myhomemove has bought conveyancing specialist and former HIP provider Easier2Move.

The acquisition, for an undisclosed sum, creates what is thought to be the biggest provider of conveyancing services in the UK. The deal was unrelated to the recent abolition of HIPs.

Easier2move provides panel conveyancing services to the public through estate agents and mortgage brokers.

Myhomemove has its own in-house conveyancing firm, Premier Property Lawyers, and also has a ‘light touch’ panel facility which is used by Team members.

Ian Floyed, CEO of myhomemove, said: “We acquired Easier2move because of its great reputation for providing a quality service and the fact that its service and introducers neatly complement our own.

“Easier2move has some great people and products, and has never been short of ideas. It also has some excellent relationships with quality conveyancing lawyers. We want to share their experience and expertise to continue our combined growth”.

Robin Marcus, the outgoing CEO of Easier2move, will remain for a while as a consultant before moving on to concentrate on other business interests. Director Karen Babington remains with the business.

Marcus said: “Like myhomemove, we have made a benefit of always being staunchly independent, so a deal made sense from the outset. The discussions and negotiations had the feel of an alliance rather than an acquisition.”

Easier2move will continue to trade under its own name and transact business as usual from their office at Southend, Essex. Myhomemove employs nearly 300 staff in Leicester.

Employee Of One Of The UK’s Top Agencies Took Keys For Burglaries

July 2nd, 2010

An employee of an award-winning agent used keys held by his firm to enter tenants’ homes and steal laptops, mobile phones and jewellery.

Gibbs Gillespie employee Thomas Jenkins, 19, entered homes in Pinner and Harrow, Middlesex.

He admitted three counts of burglary before Harrow magistrates and is now awaiting sentencing at Harrow Crown Court.

James Gibbs, a partner at the firm, issued a full apology for the incidents and said it was the first time in 20 years of business that anything like it had occurred.

The firm had taken immediate steps to review premises, and had changed the locks of properties.

Gibbs Gillespie has won numerous awards over a number of years, and is the current Sunday Times National Estate Agent of the Year. The firm has also won the top awards for its lettings and mortgages businesses.

Peter Knight, organiser of the Sunday Times awards, said: “It is such a shame that the actions of one misguided young man have the potential to call into question the credibility of one of the country’s very best estate agents. Gibbs Gillesbie has consistently shown that it can be regarded as a benchmark for a successful business, but no one is immune from criminal activity.

I believe the swift and efficient way in which the culprit was identified and the victims reimbursed shows that even when faced with a crisis, the company has maintained the standards that led the judges to appoint them as Estate Agency of the Year in 2009.”

Christopher Hamer, the Ombudsman and chair of the judging panel said that Gibbs Gillespie’s entry for the awards would have been rigorously examined. He added: “It is the case though, that anyone who is hell bent on criminal action can bypass business controls and act against the systems in place.”

Ex-President Elect Resigns From NAEA

July 2nd, 2010

The agent who was due to have been NAEA President last year has resigned from the Association.

Chris Wood, a Cornish agent, was president-elect until shortly before he was due to have taken office, when a disciplinary hearing found against him.

Wood has been fighting since to clear his name, claiming that a disciplinary hearing should not have been held into a matter where legal proceedings had commenced – and where he has always protested his innocence.

He claims the NAEA broke its own rules.

But, after a lengthy correspondence going back months, Wood wrote an open letter to NAEA chief executive Peter Bolton King, its divisional council and the board of NFoPP.

In the letter, he makes various highly damaging allegations about the culture at the NAEA.

He says that after 20 years of membership, he has lost faith in the association, and no longer wishes to be a part of it.

The letter was copied in to the trade press editors, in an echo of ex-NAEA president Stewart Lilley’s resignation from the NFoPP board.

In response, the NAEA said: “Following a disciplinary hearing, which found Chris Wood guilty of a breach of the Association’s rules, he was suspended from membership for a period of six months.

“Mr Wood subsequently challenged this decision and the matter is now in the hands of the Association’s solicitors. As a result, we can make no further comment.”

Housing Ministers Yet To Meet Estate Agent Representatives

July 2nd, 2010

With the new Coalition Government in full swing, the new Housing Minister has yet to meet with anyone from the estate agency industry.

Former housing minister John Healey asked a parliamentary question about what recent meetings CLG ministers had had with representatives of the estate agency industry.

Grant Shapps replied: “Since the Coalition Government was formed, no CLG minister has met with representatives of the estate agency industry.”

Agent See Instructions Rise After HIPs Suspension

June 2nd, 2010

A number of  agent around the country are stating they are having their best weeks ever for instructions, following the suspension of HIPs. 
One managing director of large agency said that 50% of this month’s new instructions have been placed on the market in the last seven days.

He said that this flood of new properties has not created a problem, as many predicted, with

Energywyse Conveyancing Specialist

Energywyse Conveyancing Specialist

over-supply.

 “Unbelievable though it may seem, the number of sales match exactly the same upturn,” he said, “and 50% of our sales agreed for the month have been negotiated in the last seven days, making this one of our best weeks ever.

“I am also delighted to see there are a significant number of offers still being negotiated.

 “So, the last three weeks of May generated 50% of our business for that month and the other 50% has come since the ministers made their announcement.

“There may be a lot of new properties available, but they are selling, not stockpiling.”

Other agents have added that the figures showed how the election distorted the market, with uncertainty as to the outcome continuing for a week after the polls closed.

“There was also uncertainty over HIPs, so perhaps the first three weeks of May created a state of inertia,” he said.

“Nevertheless, this has been a happy week indeed, and it’s not over yet!”

We’d be interested to know what your experiences are of the post-HIPs market, so do feel free to post.

7 Great Tips On How To Sell Your Home

June 2nd, 2010

Follow these top tips on how to sell your home successfully in a buyer’s market.

Selling your home in a falling market may not always seem like the most financially astute decision, but what should you do if you have no choice?

Selling up when the housing market is slowing down is a challenge. But here are some of positive tips that can make the whole process as painless as possible.

So, take a look at my seven top tips for selling your home this year:

1. Get ready

First things first: Your property might get snapped up more quickly than you thought, so you don’t want the process held up because you’re not prepared yourself. If the sale drags on, you’re leaving yourself wide open to gazundering - when your buyer reduces their offer before the exchange of contracts takes place. (After all, they could argue house prices have fallen since they made their offer.)

So if you’re moving to a new home make sure you have your mortgage and finances arranged, and a solicitor at the ready as soon as you can.

Also make sure you have an energy performance certificate. You’ll need to give this to prospective buyers from day one. This is essential for all sellers in England and Wales.

2. Choose a good estate agent

Most sellers will ask three estate agents to value their property and then choose the one which quotes the highest price. But there’s more to it than that. Check out each agent’s track record on selling similar properties in your area. How successful are they? Find out how they plan to market your property too. Compare the fees for selling your property as they can vary a lot and check your happy with the terms of the contract.

Once you’ve chosen an agent, ask them for tips on anything you can do to make your property sell more quickly. Tap into their expert knowledge on the local market to give you the edge over other sellers.

You may be tempted to save money by selling without an agent, but the results could be disappointing. If you’re in no hurry, you could try going it alone for a while. If offers aren’t forthcoming you may need the help of the professionals.

3. Is the price right?

This is the most important thing to get right. If you set the price too high, you won’t attract any buyers. Simple as that. But if it’s priced correctly, it should sell.

So don’t just rely on one estate agent’s valuation. Get several, and do some research yourself using property search engines like rightmove.co.uk, findaproperty.com and particularly propertysnake.co.uk - which gives details of houses in your area which haven’t sold, due to unrealistic pricing.

You can also check the prices similar properties in your postcode have sold for using nethouseprices.com (it uses Land Registry data, but unlike the Land Registry, allows you to access it for free), and get a free online valuation from Zoopla. (You can also buy a more in-depth report from valuation firm Hometrack, but be aware it costs £19.95.)

4. Spruce up your home

It sounds pretty obvious but make sure the property is spotless before any viewing. It’s a really good idea to give your home the ‘house doctor’ treatment. You’d be amazed how many down-at-heel properties still appear on property websites.

Here are some very quick tips to give you some ideas on how to get your place spick and span:

  • Keep gardens, drives and paths tidy
  • Repair windows, repaint fences and the front door
  • De-clutter every room
  • Repaint in neutral colours
  • Get rid of old carpets, and think about wooden flooring
  • Use mirrors to make small rooms look bigger
  • Make sure lights, taps and everything else works, and make any necessary repairs
  • Replace doors on units to give the impression of a new kitchen/bathroom

5. Your sales pitch

If you’ve decided to show potential buyers around your home yourself, make sure you show it off in the best possible light. Viewings are your chance to brag about how great your home is, and don’t forget to mention all the plus points about the surrounding area.

Ask your estate agent what type of buyer is likely to be attracted to your property and pitch to them accordingly.

Don’t forget to get feedback from your agent following a viewing. This could give a valuable insight into why your property isn’t selling.

6. Negotiate

When you do get an offer, try to negotiate with the buyer if it’s too low. If you really are desperate to sell, you could offer to meet them halfway, and see where it gets you. And try to give them a good reason why you think the offer is unacceptable. For example, if local properties going at that price are obviously inferior to yours – they don’t have a garden, or a garage, or as many bedrooms – then you can demonstrate this easily.

Remember, facts are obviously a lot more convincing that emotional arguments.

In this market, it may be wise not to take the house off the market until you’ve exchanged contracts (although your buyer may insist that you do). This will help to prevent gazundering, and will put your buyer under pressure to speed up the purchase from their end.

7. Look at the alternatives

If all else fails and you’ve had no offers, or at least no decent offers, it’s time to rethink your position. Ask yourself whether you really need to sell. If you need more space, is it possible to extend your home? If you’re struggling with your mortgage, can you take in a lodger? If you need to relocate, perhaps you can rent your home out.

But at the end of the day, if you can’t explore any other option and you really do need to sell, there’s only one thing you can do: Reduce the price. Again, and again, and again. Eventually you will find a buyer – but bear in mind that the longer you wait, the bigger the reduction will have to be. Until, of course, the market recovers… but that could be a long, long time away.

Whatever you decide, I wish you the best of luck!

Stop Buyers From Gazundering You

June 2nd, 2010

House prices are falling and gazundering is coming back into fashion. If you’re selling your home, how can you ensure you get the price you wanted?

Gazundering: when a buyer reduces his/her original offer before exchange of contracts. The article looked at reasons and circumstances gazundering may occur, and stressed that, to be successful, buyers need to be able to justify their decision.

It proved to be a controversial article, sparking off a passionate debate on the ethics of gazundering — and, indeed, the morality of the article itself.

Many Fools questioned whether gazundering could ever be justified and criticised the article for “encouraging one of the more unsavoury practices in the housing market”.

Others praised the article for “telling it like it is”, arguing out that if, during the course of negotiating the purchase of a house, the value of the property dropped and they were forced to stick with the original offer, they would feel ripped off.

So Is Gazundering Ever Ethical?

Well, it’s certainly legal — at least in England and Wales.* Whatever your ethical stance, you’re allowed to both gazump and gazunder. It is up to the individual to decide whether their honour is worth more to them than the price they achieve for the property they are buying or selling.

Looking at ethics, I think most of us would agree it is underhanded and dishonest to go into a purchase planning to gazunder the seller once he or she has taken the property off the market and is in a weaker position.

But what about the buyer who finds his chosen property has fallen, perhaps significantly, in value since he made his original offer? Is that buyer as equally morally reprehensible as the buyer that planned to gazunder all along?

Is it right that these buyers should pay over the odds for a property that may well fall further in price?

Help For Homeowners

Personally, I could go on debating the ethics of gazundering till the cows come home (and since no cow can claim my home as their own, that may be some time).

If you are a homeowner, however, you may be more interested in what you can do to protect yourself from potential gazunderers — be they ethical or not. Alternatively, if you are currently in the process of selling your home and have just received a gazundered offer, you may need some advice about what to do next.

So, ethics aside, here’s some practical help for sellers.

Understanding Conveyancing Quotes

May 29th, 2010

The main part of conveyancing quote is the basic fee, which covers the time that a conveyancer spends working on your property transaction. The basic fee can be formulated in one of three ways…

1) On a fixed-fee basis. Energywyse use this format to provide you the customer the best value.

2) On a scale that links their fee to the value of the property that you are buying or selling.

3) An hour by hour fee.

If you have the option to pay a fixed pre-determined fee then you should definitely take it, especially if you are buying or selling an expensive property.

Unfortunately though, fewer and fewer conveyancing firms are now offering that pricing system, as it is the least profitable for them. The most common pricing system is the second one stated, and that is the one that most people end up using.

You should avoid paying a conveyancer on an hourly basis because you will not know beforehand how much to budget for their services. Inevitably you will pay more overall if you opt for that pricing system.

In addition to the basic fee that you have to pay a conveyancer, you also have to cover the costs of the things that a conveyancer has to pay other people for on your behalf.

These are called disbursements, and include costs such as licenses and taxes. Really, they should be roughly the same from one conveyancing quote to the next, however, sometimes conveyancing firms add a mark-up onto what should be a fixed cost.

Some conveyancing firms take advantage of the grey area between the basic fee and disbursements. They will advertise a very low basic fee, but will only include a few services for that fee, with the rest of them being wrongly categorized as disbursements, and you being charged a hefty price for them. Therefore, you will need to not just consider the cost of conveyancing quotes, but also what exactly is included within them.

You will be able to find a list of what is generally included as standard within a basic conveyancing fee by doing a little online research.

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