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solicitors fareham
solicitors fareham

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Above All
Moving is the second most stressful thing in most people's lives. Some of the stress that people experience can be avoided. Good advice and the right team can make all the difference. Buy wisely rather than necessarily most cheaply.

Finance
If you are buying do you have sufficient funds to buy and pay all of the costs, such as fees, searches and Stamp Duty Land Tax? Make a careful budget. Stamp Duty Land Tax is usually the biggest cost of a house purchase. Remember that the rate changes from 1% to 3% at £250,000, which percentage is on the whole purchase price. It changes again at £500,000 to 4%.

If you will be buying with a mortgage, take advice from an Independent Financial Adviser. Seek one who is recommended, by a friend who has just used one, or we can recommend some that we have known and who have been most helpful to clients in the past. When taking out a mortgage consider any tie-ins or penalties in the event of seeking to switch to another mortgage lender in the future. Sometimes people are so focused on their purchase that they pay no heed to penalties which they later regret.

Avoid using tied financial advisers or those who may not be putting your interests first.

Picking an estate agent
Most people selling use an estate agent. Some prefer to sell a house themselves. It can be done and would save fees which are usually 1% to 2% + VAT. It is easiest to sell your own house if it is a booming market, in a desirable area, is the type that is most sought after and ideally has a high visibility to passers by to whom a for sale board can be displayed. You can advertise on the Internet or in the local, regional or Sunday newspapers.

The majority use an estate agent. Whether you use an estate agent or advertise your home yourself, it is always worth checking, are there other houses like mine for sale through them? If a particular newspaper or estate agent has many properties like yours, then that must be a good sign. Another sign is which agent has the most boards on display in your area for your type of property.

Estate agent's fees are often negotiable, if you don't ask you won't get. At the end of the day the fee is not the most important factor. A good estate agent will work hard at selling your property and with skill can achieve a quicker sale at a better price than another would achieve.

Like many things, there is no harm in asking more than one estate agent to visit your home and give you a valuation and the level of their fees. Don't fall into the trap of automatically picking the one who gives you the highest valuation. Remember they are not the buyer. Less ethical agents might get the work with a high valuation then recommend a reduction when no offers are made in a month or two.

Auctions
Auctions are a very restricted market for properties. Most people moving to another property or buying with a mortgage would not use an auction. For this reason prices at auctions tend to be lower. Buyers tend to be speculative investors or developers. Sellers tend to be those who want a quick sale, often mortgage repossessions, occasionally probate sales after a death and sometimes properties with a physical or legal defect that can't be sold in the ordinary way. Buyer beware! There is little or no comeback after the auction if you later discover a problem. Auctions are not for the unwary. Take advice before the auction.

Picking a lawyer
Beware the hard sell that some estate agents do. They sometimes try to persuade sellers and buyers to use their choice of conveyancer, even when they are a higher price than average. This is not in the client's best interests, but usually theirs, as it is more to do with referral fees than your best interests. You do not have to use their preference. They might claim it has an advantage in service, when there is none. This is malpractice and we would like to know if you experience this. Beware any service provider that relies on a source of business other than customer satisfaction.

Mugford & Co. There may be cheaper, but not much, and there won't be better value for money.

Deal with lawyers not call centre operatives. Mugford & Co is not a call centre where you can never speak to the same person twice. At Mugford & Co we would be able to advise and propose solutions if problems arise, whether legal or practical. This is unlikely to be forthcoming from a large and remote set up.

Beware the big corporations which set up large scale factory conveyancing outlets operated to maximise their profit by minimising their service. The estate agents may seek to tie in clients from the first contact, whether or not this is right for the customer. Sometimes this is because they are part of the same group. Sometimes it is because of referral fees. As a test, try ringing those who will be dealing with the conveyancing, not just their sales team who may be more keen to impress and capture your business. How long did it take to get through?

At Mugford & Co. we are committed to remaining professional, personal and independent. Our independence means we are reliant on satisfied customers returning to us or recommending us, which is by far the largest source of our work

Beware unfeasibly cheap conveyancing. If something sounds too good to be true, it is usually because it is. For most people their house sale or purchase will usually be the largest transaction they undertake and often the second most stressful, don't let it be more stressful than it needs be.

DIY conveyancing is an option if you are buying without a mortgage and you feel confident you are sufficiently familiar with land law. Bear in mind conveyancing is very cheap compared to other costs involved, e.g. Stamp Duty Land Tax or estate agent's fees. Why take any risk when you can have the reassurance of a lawyer and someone to sue if a mistake is made? As they say, to err is human but to be recompensed afterwards is divine.

Survey
If you are buying with a mortgage the mortgage lender will require a valuation report, which reports very little about the property. At the other extreme is a full survey, which can cost from £600. This is probably more than required for an average house that is less than 100 years old with no unusual feature or extension. There is a homebuyer's survey which is part way between the two extremes, and is probably sufficient for most purposes. We are happy to recommend a surveyor. Alternatively go by recommendation of a friend.

Removals
Choose a removals firm from recommendation or by asking more than one to quote for the job. Trust your first impressions. If they seem offhand or unhelpful when they are pitching for your business, what would they be like later? DIY is an option, but be aware of your limitations. Don't injure your back in an effort to save money. You will find out how good your friends are if you want them to help. Beer is a great incentive but is better provided after the move rather than before. Never book a removals firm until exchange of contracts, when the completion date is set. Until then, dates can only be provisional.

Buildings Insurance
Usually required at exchange of contracts. Your mortgage lender may have requirements. We can advise of these in each case. If considering using the same insurer as mortgage lender, check elsewhere to see whether it is uncompetitive.

Conveyancing in Outline
The legal detail can be dealt with by your lawyer; that is what you pay them to do. What you want to know is how it impacts on you.

After being instructed the seller's lawyer puts together a package of information, some of which is obtained from you and some from public registers. This is sent to the buyer's lawyer who will undertake searches and report to the buyer. The buyer's lawyer will check for any problem and seek to resolve them. We would advise you of any and how to resolve them, if possible. Rarely is there a problem that cannot be resolved and which puts a buyer off proceeding altogether.

The buyer's solicitor will also act for the mortgage lender and ensure that they obtain a good and marketable title. The mortgage lender has the same interest as the buyer in obtaining a property free from problems.

When all parties in a chain are ready to proceed then dates can be discussed. Once agreed, the lawyers exchange contracts. This is the point of no return, at which parties become bound to proceed, with legal consequences if anyone tries to go back on the deal. This is the point at which a completion date is fixed. We can advise you of all of the usual things that have to be done and people that have to be notified when you move.

Prior to exchange of contracts the whole chain is nothing more than a string of promises. Sometimes people pull out of chains at the last minute because they feel they can get a better deal elsewhere, or some other reason. You may never find out the real reason. It is keeping the chain together and arranging dates that seems to cause the most stress. We suggest that parties keep talking to one another. Dates cannot be finalised until close to exchange. Sometimes people set unrealistic deadlines from the outset, which is an approach doomed to fail and cause unnecessary stress.

HIPs
The government is introducing a new scheme called Home Information Packs, which will be compulsory for 3 or more bedroom houses from 10 September 2007. From that date all sellers marketing 3 or more bedroom houses will need to provide HIPs, which will include an energy efficiency report and other information that may be of interest to buyers. HIPs have caused a certain amount of confusion, partly because the government has changed its mind on what is to be included.

Mugford & Co will be able to guide you through the requirements and take the stress out of the process for you.

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[ The Firm ]   [ Service ]   [ Wills ]   [ Inheritance Tax Planning ]   [ Probate ]   [ Power of Attorney ]

[ Moving House ]   [ Commercial Law ]   [ Location ]   [ Contact ]   [ Links ]   [ Site Map ]


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