Josiah Hincks, Law Society Accredited Residential Property Team is committed to providing a professional and efficient service. Our experienced team of conveyancing solicitors and conveyancing executives have the knowledge to deal with all legal complexities that can arise in property transactions. Each year hundreds of properties are sold and bought with the assistance of our excellent team. Our aim is to get you moved as quickly as possible.
Our Conveyancing Team
How can we help?
Our Residential Property Team can help you with the following:
- Buying and selling homes
- Equity Release
- Transfer of Equity
- Shared Ownership
- Buy to Let
- Right to Buy
Call us now or fill in our Contact Sheet for a quote, or alternatively use our online quote generator:
Why choose us?
We recognise that a large proportion of our work comes from recommendations and satisfied clients therefore for our aim is to give the maximum level of added value service at competitive rates. We accept we may not be the cheapest but we pride ourselves on the quality of service.
Our fixed fee legal cost means that you know exactly how much your legal fees will be. We provide clear and concise advice and ensure you are kept fully appraised throughout the transaction. 98% of our clients would recommend Josiah Hincks to friends, family and contacts.
In 2018 Josiah Hincks was recognised by the Law Society as Small Law Firm of the year 2018. This award reflects the excellent service our staff offer its clients and brings assurance to those clients working with us that we strive for Excellence in all be do.
What is the Process for Buying or Selling my Property?
A standard non-complex sale or purchase should take between 12 -18 weeks, although this can be quicker in some instances.
The process is not complicated as some will have your believe. See Our Simple Guide to Buying and Selling a House – PFD attached.
Common delay however include, search findings, responses to enquires, mortgage approvals, charges on property or boundary disputes, however we seek to keep clients updated at all times and explain simply any areas that need further discussion, decision or action. We are experienced with overcome these types of delays to ensure you move smoothly and in a timely manner.
How do we speed the process up?
This is not always possible but considering the following will help?
- Does your property have disputed boundaries /unfinished works? Raise issues early or resolve beforehand.
- Do you have a mortgage approved? Action this as early as possible.
- Select your buyers well. Are they in a long chain, first time buyers, and not in rush or not sold themselves.
- The simpler the chain and the issues the quicker the process.
- Respond quickly to requests.
THREE STAGES OF THE BUYING & SELLING PROCESS
Instruction / Preparation Stage
- Seller’s Conveyancer (a specialist Solicitor, Legal Executive who specialises in the legal aspects of buying and selling real property) is identified by the Seller and instructed to sell the property.
- Seller’s Conveyancer confirms instructions by letter setting out the terms of business and fixed fee costs.
- Check finances are in place to fund purchase and contact lender’s solicitors if needed
- Seller’s Conveyancer carries out proof of identity checks and sends out a fittings and contents form and property information form(s) for completion. If the property is leasehold, additional information will be required.
- Seller to complete fittings and contents form and property information form(s).
Time Scales: Allow 1 -2 weeks
Search & Clarify Stage
- Seller’s Conveyancer obtains title deeds from deeds holder or official copies of the title register and any other documents required by The Land Registry and details of the amount outstanding on any existing mortgage.
- Prepares the draft contract and supporting contract documentation and sends to the buyer’s Conveyancer.
- Buyer’s Conveyancer checks the contract and supporting contract documentation and raises pre-contract enquiries with the seller’s Conveyancer.
- Answer pre-contract enquiries.
- Buyer’s Conveyancer confirms they have acceptable results from their searches, are happy with the answers to pre-contract enquiries and are in receipt of a mortgage offer (if any).
Time Scales: Allow 6 – 8 weeks
Exchange & Completion Stage
- Seller and buyer agree on a completion date and contracts are formally “exchanged” – meaning both parties are legally committed to the transaction. Seller’s Conveyancer will obtain a settlement figure to repay the outstanding amount on any existing mortgage, if applicable. Buyer’s Conveyancer drafts a transfer deed and sends to the Seller’s Conveyancer.
- Seller’s Conveyancer checks the transfer deed and sends to the seller for signature in readiness for completion.
- On completion the seller must vacate the property at a time to be agreed and make arrangements to hand over the keys, usually through the estate agent. Buyer’s Conveyancer will send the proceeds of sale to the seller’s Conveyancer and the seller’s Conveyancer will arrange for the keys to be released to the buyer. The seller’s Conveyancer sends the title deeds and transfer deed to the buyer’s Conveyancer together with an undertaking to use the proceeds of sale to discharge any existing mortgage. The seller’s Conveyancer then pays the estate agent (if one was used), repays the amount owing to the existing mortgage lender (if applicable) and takes payment for their Conveyancing service costs.
- Once all the payments have been made all the remaining money from the sale will be transferred to the seller, usually by bank transfer on the day of completion.
- If buying all post completion matters finalised with Land Registry
- Time Scales: Allow 6 – 8 weeks
Total average time taken 12- 18 weeks –
What are the Common Delays? Searches, resolving search findings, responses to enquires, mortgage approvals, charges on property or boundary disputes, however we seek to keep clients updated at all times and explain simply any areas that need further discussion, decision or action. We are experienced with overcoming these types of delays to ensure you move smoothly and in a timely manner.
Re-mortgaging is the legal term for changing your mortgage provider. Once you have made your decision to re-mortgage and found your new mortgage product, whether via a Financial Advisor or a Bank direct, you will need to repay your current mortgage and draw down the funds from your new mortgage. Josiah Hincks Property Solicitors can assist you with this.
We will liaise with your current mortgage provider about repaying your current mortgage and make sure that your new mortgage provider has all the information they require about your property before drawing down the funds from your new mortgage provider.
Our remortgage solicitors in Leicester will deal with all the legal aspects needed and they will key you updated and make sure that your re-mortgage runs smoothly, so all you need to do is concentrate on finding the best mortgage product for you.
What we need to do to amend ownership of your property
This is commonly known as Transfer of Equity e.g. the registered owners of the property are A and B. However B wants to remove his/her name from the registered title or C wants to be added to the title with A and B.
Our property solicitors in Leicester can assist with Transfers of Equity or changing names on the property’s deeds.
Step 1 – Receive your signed Terms of Business, Proof of Identity, Factsheet and your monies on account.
Step 2 – We will obtain a copy of the title for the property from the Land Registry and contact any existing mortgage lenders, if applicable, whether this is to redeem the current mortgage or to ask for your current lenders consent for the change of ownership.
Step 3 – We will prepare a Transfer document and will send a copy of the Transfer to any other party who is involved in the Transfer, advising them to take independent legal advice before signing the Transfer.
Step 4 – Once the Transfer is approved we will arrange for yourself to sign the Transfer and a Stamp Duty form if needed. If required, we will then send the Transfer to your mortgage lender for them to sign
Step 5 – Once we are in receipt of the signed Transfer Deeds we will be in a position to discuss a completion date
Step 6 – Once we have completed your Transfer of Equity we will submit your Stamp Duty Land Tax form (if applicable) and apply to register your transfer with the Land Registry