There are several key stages to a conveyancing transaction, and you will be asked by your conveyancer to complete certain documents throughout the course of a transaction that relates to those different stages.
In this guide, we cover some of the documents you may be asked to sign and demystify their purpose and significance.
Types of conveyancing documents
1. Instruction forms
At the early stages of a transaction, your matter will be dealt with by our Administration Team who will prepare a fee estimate and issue you our Instruction forms with our terms of business. You will need to return these forms together with complying with the ID requirements to allow our administration formalities to be met. These forms are used to capture crucial information about you and the transaction to ensure that regulatory requirements are met, but also to ensure the quick progression of your matter.
2. Contract of sale
The contract for sale outlines the terms and conditions agreed upon by the buyer and the seller. It includes details such as the property description, sale price, completion date, and any additional or special conditions.
The contract is used when your conveyancer goes through the exchange process, which formalises the transaction and sets the completion date.
Your conveyancer will ask you to sign this document in advance of the exchange of contracts. If you sign this document in advance, it won’t be legally binding – your conveyancing is just trying to be ready and prepared in advance.
Your conveyancer will take your express authority to proceed with an exchange of contracts when the time is right and you have been given all the advice you need.
3. Transfer deed
This is the legal document that will transfer the legal title from the seller to the buyer and is sent to the Land Registry to register the transaction. This document will also detail any additional rights or provisions being created that relate to the transaction. It must be signed by both parties, and the signatures will need to be witnessed by an independent party.
4. Mortgage deed
If the buyer is financing the purchase with a mortgage, a mortgage deed will need to signed. This is the deed that binds you to the terms of the mortgage offer and secures the mortgage on the property on completion.
5. Stamp duty declaration
When purchasing land, you may be liable to pay Stamp Duty Land Tax. You may instruct your conveyancer to submit this to HMRC on your behalf, and if so, you will be required to sign a declaration to confirm the details of the transaction and any amount of tax payable.
6. Other documents
There may be other various documents that you are asked to sign if your transaction has additional factors, such as a purchase in a company name or if the property being purchased is leasehold.
How can we help?
Our specialist team of conveyancing solicitors understands how stressful the process of buying and selling a property can be, which is why we will look to complete your transaction as quickly and efficiently as possible, providing you with regular updates along the way.
If you have any queries concerning our residential property services or this article, please contact a member of our expert Residential Property team in Derby, Leicester, or Nottingham to discuss your circumstances.
Please call 0800 024 1976 or contact us via our online form for a guaranteed response.