Selling a house (Freehold)
Legal Fees
These will usually range between £1,650.00- £2,500.00 plus VAT (currently 20%) and will be dependent on the type and value of property being sold. If there are any unforeseen or unusual circumstances the fees may be more. In addition, there are always costs (known as disbursements) related to your sale which have to be paid to third parties. We pay these on your behalf to ensure a smooth process. These are set out further below.
Payment on account
We will request a payment on account at the outset of the transaction, currently £600.00.
Our fees assume that:
This is a routine sale transaction and that no unforeseen matters arise including for example (but not limited to) a defect in title which requires remedying prior to completion or the preparation of additional documents ancillary to the main transaction.
The transaction is concluded in a timely manner and no unforeseen complications arise.
All parties to the transaction are co-operative and there is no unreasonable delay from third parties providing documentation.
No indemnity policies are required. Additional disbursements may apply if indemnity policies are required.
How long will my house sale take?
The time it will take from your acceptance of the buyer’s offer until you can complete your Property sale will depend on a number of factors. The average process takes between 8 -16 weeks. It can be quicker or slower, depending on the parties in the chain. For example. It can be quicker if your Buyer is not relying on a mortgage and/or the transaction is chain free.
Sale not proceeding
If, for any reason, we are unable to complete the sale of your property, we will make a charge which will be a proportion of the fixed fee quoted relative to the time spent. Any charge made will not exceed the amount of the fixed fee we have given.
Please note that we will always provide you with individual costs information and a copy of our terms and conditions of business.
The price will also be determined by the following factors:
The value of the property.
Whether the sale relates to a property which was built in the last 10 years.
Whether the property being sold was previously unregistered and will involve a first registration of title at the Land Registry.
If the property being sold involves a shared ownership scheme.
Whether the property being sold is at auction in which case we would obtain the searches in advance.
Whether the property being sold includes the benefit of any existing tenancy remaining following completion.
Whether the property has been repossessed and being sold via a power of sale.
Whether there are outstanding major works invoices to be dealt with by way of retention.
Stages of the process
The precise stages involved in the sale of a residential property vary according to the circumstances. However, below we have outlined some key stages:
Take your instructions and give you initial advice, complete client care documentation and due diligence.
Obtain from your estate agent an Energy Performance Certificate, which is required at the point of marketing of a property for sale with a minimum E rating at present.
Prepare and send draft Contract documentation to the Buyers’ Solicitors to include the following Property Information Forms:
TA 6 – Property Information Form.
TA10 – Fittings and Contents Form.
The completion date (the day on which you must give up possession of the property) depends on the requirements of the parties. and must be agreed before exchange of contracts
Once everything is in order and the contract has been agreed with the Buyer’s solicitors, we will exchange contracts, at which point you would be legally bound to complete the sale of the Property on a completion date mutually agreed in the Contract.
When we are ready to exchange contracts, the Buyer must pay a non-refundable deposit on the purchase price (usually 10%). The Buyer must pay the balance of the purchase price on the completion date set out in the contract.
We shall then prepare a completion statement confirming the purchase price being received from the Buyer, less this firm’s charges and expenses, any sum to be repaid to your mortgage lender and any estate agent’s commission.
On the date of completion, this firm will receive the balance of the purchase price by telegraphic transfer from the Buyer’s solicitors, to whom we shall then send all the title deeds to the property and transfer signed by you to enable the Buyer’s solicitors to register the Buyer as the registered proprietor at the Land Registry.
We shall then repay your mortgage (if any) and pay the Estate Agent’s commission (if any)
Having deducted this firm’s charges and expenses as set out on the completion statement, remit the sale proceeds to you either by cheque on by telegraphic transfer to your nominated bank account.
Example of a sale
For the purchase of an existing freehold house (not a new build) with a purchase price of £400,000.00 in the London borough of Enfield with a mortgage, our fees and disbursements would be as follows:
Service Cost VAT Applicable VAT Amount Total
Legal Fees £1750.00 ✓ £ 350.00 £ 2100.00
Legal Fees for dealing with redemption of Mortgage £150.00 ✓ £30.00 £180.00
Disbursements
Land Registry official copy of freehold register and plan £14.00 £14.00
Telegraphic Transfer Fee £15.00 ✓ £3.00 £18.00
Anti Money Laundering Check fee
including InfoTrack Onboarding Charge £12.00 (per name) ✓ £2.40 £14.40
Disbursements Total £41.00 ✓ £5.40 £46.40
Final Total £1941.00 ✓ £385.40 £2326.40
The above does not include any agreed sales commission payable to an Estate Agent which is usually calculated as a percentage of the sale price plus any VAT.