What Documents Do Solicitors Need When Buying A House?
What Documents Do Solicitors Need When Buying A House?
When buying a house, solicitors require several documents to facilitate the conveyancing process. When buying a house, there are several key documents that solicitors will require from both the buyer and seller. Here is a comprehensive list of the documents you will need:
- Proof of ID and address – This is needed to confirm identities and typically includes passport, driving license, utility bills etc.
- Property information forms – The seller’s solicitor provides these forms detailing property boundaries, fixtures and fittings etc. Common forms are TA10 and LPE1.
- Evidence of funds/mortgage – The buyer needs to show they can pay for the property, usually through a mortgage offer, proof of deposit funds etc.
- Draft contract for sale – The seller’s solicitor prepares this contract setting out the agreed sale price, completion date etc.
- Title deeds – Proving ownership, these are provided by the seller and show the property’s legal description, rights and ownership history.
- Leasehold documents – For leasehold properties, the lease, service charge and ground rent details are needed.
- Search results – The buyer’s solicitor carries out various searches revealing any restrictions, planning issues etc.
- Fixtures and fittings forms – Details what is included/excluded from the sale. TA10 form commonly used.
· Seller’s Affidavit: The seller is responsible for providing a notarized statement attesting to the transfer of rightful ownership of the property and also stating clearly the potential claims on the property such as outstanding leases, lien, boundary line dispute, etc.
· Certificate of Occupancy: Newly constructed property may require the buyer to obtain a certificate of occupancy before you can move in.
· Purchase Agreement: This is a legal document that contains the material terms and conditions of your real estate transaction. It must be in writing and signed by the parties (buyers and sellers) to the contract, and include an offer to sell or purchase, an acceptance of the offer, the sale price, down payment, and other financial terms, who pays for what settlement or closing costs, and an adequate description of the property.
· TA10 Fittings and Contents Form: This is a clear and concise document which states what will be included in the sale of the property. Room by room, there will be a breakdown of what fixtures and fittings will remain in the property, as well as any furniture that has been requested as part of the sale.
- Transfer deed – Legally transfers ownership from seller to buyer on completion. Prepared by buyer’s solicitor.
- Remember, the specific paperwork varies depending on the exact location of the home, but these are the general documents required.
It’s always a good idea to ask your solicitor for an outline of the conveyancing process before they start work. This will include the areas you will be required to be responsible for at various stages of the purchase.
What Documents Do Solicitors Need When Selling A House?
When selling a property, there are several key documents that the solicitor will require from the seller:
- Proof of ID – Photo identification such as passport or driver’s license to verify identity.
- Proof of address – Usually a utility bill to confirm the seller’s current address.
- Title deeds – The property’s title deeds proving ownership and legal rights.
- Property information forms – Details on boundaries, disputes, alterations etc. Completed by seller.
- Fixtures and fittings forms – Specifying what is included and excluded from the sale.
- Energy Performance Certificate – Legally required for marketing the property.
- Lease documents – For leasehold properties, the lease and other related documents.
- Mortgage documents – Details of any existing mortgages secured on the property.
- Tax documents – Relating to Capital Gains Tax, Local Property Tax etc.
- Planning permissions – For any alterations, extensions or renovations done.
- Certificates – Electrical, gas safety, boiler service certificates if available.
- Instruction form – Signed by seller, instructing the solicitor to act on their behalf.
The solicitor will use these documents to prove the seller’s ownership, market the property and progress the sale.