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House Buying and Selling

//House Buying and Selling
House Buying and Selling2018-12-05T12:59:43+00:00

Our specialist legal team provides the highest level of service when buying or selling your house. Contact our offices in Lancaster or Kirkby Lonsdale today to find out more about how we can help you with your next move.

Our Promise

At Oglethorpe Sturton & Gillibrand we promise we will:

  • Guide you through all the stages of the buying or selling process
  • Explain the legal jargon and complexities in plain English
  • Use modern technology to progress your transaction efficiently
  • Keep you fully informed of each step as it happens
  • Provide competitive fee quotations with no hidden fees or charges
  • Let you know about all costs such as Stamp Duty Land Tax, registration fees and searches up front

What is Conveyancing?

Conveyancing is the legal process of buying and selling houses.  This is often involves a mortgage with a bank or building society.

Choosing your conveyancer should never be based solely on price.  You should consider the service and expertise that will give you peace of mind.

When you buy a house you make an enormous investment, probably the biggest  you will ever make. It is our responsibility to ensure that the house buying process goes smoothly and on time.  Careless conveyancing can catch you out when you come to sell your house in the future.  Any defects or problems with the title to your property will come to light and could cause long delays and additional costs.

Selling a house is also a big decision and you need to ensure the legal process is done correctly and efficiently.

What makes us different?

All of our conveyancing is carried out by fully qualified solicitors and legal executives.  We are proud to be part of the Conveyancing Quality Scheme (known as CQS) which means that we meet the highest standards set by the Law Society.

Unlike some conveyancing providers, we will keep in close contact with you.  You will deal with and speak directly to our qualified and experienced legal advisers from start to finish.  We also offer the legal expertise to deal with properties involving a complex issues.

We understand that timing is everything.  We are proactive and do everything we can to avoid delays.

We have exceptional and longstanding relationships with estate agents and banks in the Lancaster and South Cumbria region.  We are on the panel for most of the national banks and lending institutions meaning that we can deal with all aspects of your house buying and selling without delay or additional cost

Our Specialist Legal Services

  • Buying and selling your house
  • Mortgages and financing through banks and building societies
  • Buy to let purchases and sales
  • House exchanges and part exchange
  • Leasehold and freehold property
  • Declarations of Trust
  • Leasehold enfranchisement
  • Remortgaging and refinancing
  • Equity release and transfer
  • Retirement properties
  • Help to Buy and shared ownership schemes

Property Investors and Development

For property investors large or small, we also have expertise in the areas of Assured Shorthold Tenancy Agreements and all other property rental arrangements.  We are happy to advise landlords or tenants on their tenancy agreements. See our Landlord and Tenant specialists for more information.

Our commercial property team are experts in residential development schemes including site procurement, management company set up and plot sales.

Next Steps

We will happily discuss your requirements free of charge in order to provide you with a quote. Contact us today.

Our fees* cover the work required to complete the mortgage of your home, including dealing with registration at the Land Registry.

Conveyancer’s fees and disbursements

Our fees are based on several different factors, namely the hourly rate of the Lawyer dealing with the transaction on your behalf (please see the hourly rates below), the value of the mortgage advance and the complexity.

Our fees range when acting on a mortgage value of:

  • £50,000.00 to £500,000.00 from £350.00 to £550.00 plus VAT and disbursements;
  • £500,000.00 to £750,000.00 from £550.00 to £850.00 plus VAT and disbursements; and
  • If the mortgage value is more than £750,000.00 please contact us to discuss a bespoke estimate.

Hourly Rates

Consultant £300.00
Partner £235.00 – £250.00
Senior Solicitor £210.00 – £220.00
Solicitor £160.00 – £200.00
Trainee Solicitor £110.00
Legal Executive £185.00 -£210.00
Trainee Legal Executive £80.00

* Our fee assumes that:

  1. this is a standard transaction and that no unforeseen matters arise including for example (but not limited to) a defect in title which requires remedying prior to completion
  2. the transaction is concluded in a timely manner and no unforeseen complication arise
  3. the transaction is a mortgage/remortgage only and not completing simultaneously with the completion of a purchase of a property
  4. no indemnity policies are required. Additional disbursements may apply if indemnity policies are required.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as Land Registry fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

In addition please see below a list of searches we would recommend. The average costs of a full suite of searches for a residential mortgage is £350.00 inclusive of VAT. The search fees payable are depending upon the location and type of property you are mortgaging.

  • Local Authority Search.
  • Local Water Authority Water & Drainage Search.
  • Combined Environmental & Planning Search.
  • Chancel Search.
  • Search of the Index Map.

Additional Searches which may be required

  • Energy Searches
  • Mines and Minerals Searches
  • Commons Search
  • Specific Gas/Electricity Searches
  • Coal Mining Search

How long will my mortgage/remortgage take?

How long it will take from receiving your mortgage offer until monies are released will depend on a number of factors. The average process takes between 6-8 weeks.

Stages of the process

The precise stages involved in the mortgage of a residential property vary according to the circumstances. Below we have set out some key stages as follows:

  • Take your instructions and give you initial advice.
  • Receive and advise on the mortgage documentation.
  • Carry out searches if required by the lender.
  • Obtain further planning documentation if required.
  • Report to the lender.
  • Give you advice on all documents and information received.
  • Go through conditions of mortgage offer with you.
  • Send the mortgage deed to you for signature.
  • Agree completion date.
  • Arrange for all monies needed to be received from lender.
  • Complete the mortgage.
  • Deal with the application for registration at the Land Registry.
  • Report to the lender.

Our fees* cover the work required to complete the sale of your new home.

Conveyancer’s fees and disbursements

Our fees are based on several different factors, namely the hourly rate of the Lawyer dealing with the transaction on your behalf (please see the hourly rates below), the value of the transaction and the complexity.

Our fees range when acting on a sale of a freehold residential dwelling between the value of:

  • £50,000.00 to £500,000.00 from £650.00 to £1,250.00 plus VAT and disbursements;
  • £500,000.00 to £1,000,000.00 from £1,250.00 to £3,500.00 plus VAT and disbursements;
  • If the sale price is more than £1,000,000.00 please contact us to discuss a bespoke estimate.

Hourly Rates

Consultant £300.00
Partner £235.00 – £250.00
Senior Solicitor £210.00 – £220.00
Solicitor £160.00 – £200.00
Trainee Solicitor £110.00
Legal Executive £185.00 -£210.00
Trainee Legal Executive £80.00

*Our fee assumes that:

  1. this is a standard 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
  2. the transaction is concluded in a timely manner and no unforeseen complication arise
  3. all parties to the transaction are co-operative and there is no unreasonable delay from third parties providing documentation
  4. no indemnity policies are required. Additional disbursements may apply if indemnity policies are required.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as Land Registry fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Anticipated Disbursements

  • Electronic money transfer fees £20.00 plus VAT.
  • H M Land Registry office copies of title register and plan £6.00
  • H M Land Registry office copies of documents referred to on the title £3.00 each

How long will my house sale take?

How long it will take from you accepting an offer until you can move out of your house will depend on a number of factors. The average process takes between 8-12 weeks.

It can be quicker or slower, depending on the number of parties in the chain and their circumstances. For example, if you are a first time buyer, purchasing a new build property which is build complete with a mortgage in principle, it could take 6 weeks. However, if you are buying a leasehold property that requires an extension of the Lease, this can take significantly longer. In such a situation additional charges would apply.

Stages of the process

The precise stages involved in the sale of a residential property vary according to the circumstances. Below we have set out some key stages as follows:

  • Take your instructions and give you initial advice.
  • Request you complete initial forms dealing with standard enquiries.
  • Draft contract documents.
  • Obtain further planning documentation if required.
  • Reply to enquiries raised by the Purchaser’s solicitors.
  • Approve the Transfer Deed.
  • Send final Contract and Transfer Deed to you for signature.
  • Agree completion date (date from which you no longer own the property).
  • Exchange contracts and notify you that this has happened.
  • Complete the sale.
  • Deal with redemption of any mortgages.
  • Pay Estate Agent’s fees and transfer net sale proceeds to you.

Our fees* cover the work required to complete the sale of your new home.

Conveyancer’s fees and disbursements

Our fees are based on several different factors, namely the hourly rate of the Lawyer dealing with the transaction on your behalf (please see the hourly rates below), the value of the transaction and the complexity.

Our fees range when acting on a sale of a leasehold residential dwelling between the value of:

  • £50,000.00 to £500,000.00 from £650.00 to £1,250.00 plus VAT and disbursements;
  • £500,000.00 to £1,000,000.00 from £1,250.00 to £3,500.00 plus VAT and disbursements;and
  • If the sale price is more than £1,000,000.00 please contact us to discuss a bespoke estimate.

Hourly Rates

Consultant £300.00
Partner £235.00 – £250.00
Senior Solicitor £210.00 – £220.00
Solicitor £160.00 – £200.00
Trainee Solicitor £110.00
Legal Executive £185.00 -£210.00
Trainee Legal Executive £80.00

*Our fee assumes that:

  1. this is a standard 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
  2. this is the assignment of an existing lease and is not the grant of a new lease
  3. all parties to the transaction are co-operative and there is no unreasonable delay from third parties providing documentation
  4. no indemnity policies are required. Additional disbursements may apply if indemnity policies are required.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as Land Registry fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Anticipated Disbursements

  • Electronic money transfer fees £20.00 plus VAT.
  • H M Land Registry office copies of title register and plan £6.00.
  • H M Land Registry office copies of documents referred to on the title £3.00 each.
  • Leasehold Management Pack – estimated £150.00 to £300.00.
  • Deed of Covenant – estimated £150.00 to £300.00.

How long will my house sale take?

How long it will take from you accepting an offer until you can move out of your house will depend on a number of factors. The average process takes between 8-12 weeks. It can be quicker or slower, depending on the number of parties in the chain and their circumstances.

Stages of the process

The precise stages involved in the sale of a residential leasehold property vary according to the circumstances. However, below we have suggested some key stages that you may wish to include:

  • Take your instructions and give you initial advice.
  • Request you complete initial forms dealing with standard enquiries.
  • Apply for the Leasehold Management Pack.
  • Draft Contract documents.
  • Obtain further planning documentation if required.
  • Reply to enquiries of Purchaser’s solicitors.
  • Give you advice on all documents and information received.
  • Send final contract and associated documents to you for signature.
  • Agree completion date (date from which you will no longer own the property).
  • Exchange contracts and notify you that this has happened.

Our fees* cover the work required to complete the purchase of your new home, including dealing with registration at the Land Registry and dealing with the payment of Stamp Duty Land Tax (Stamp Duty) if the property is in England, or Land Transaction Tax (Land Tax) if the property you wish to buy is in Wales.

Conveyancer’s fees and disbursements

Our fees are based on several different factors, namely the hourly rate of the Lawyer dealing with the transaction on your behalf (please see the hourly rates below), the value of the transaction and the complexity.

Our fees range when acting on a purchase of a freehold residential dwelling between the value of:

  • £50,000.00 to £500,000.00 from £650.00 to £1,250.00 plus VAT and disbursements;
  • £500,000.00 to £1,000,000.00 from £1,250.00 to £3,500.00 plus VAT and disbursements; and
  • If the purchase price is more than £1,000,000.00 please contact us to discuss a bespoke estimate.

Hourly Rates

Consultant £300.00
Partner £235.00 – £250.00
Senior Solicitor £210.00 – £220.00
Solicitor £160.00 – £200.00
Trainee Solicitor £110.00
Legal Executive £185.00 -£210.00
Trainee Legal Executive £80.00

* Our fee assumes that:

  1. this is a standard 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
  2. the transaction is concluded in a timely manner and no unforeseen complication arise
  3. all parties to the transaction are co-operative and there is no unreasonable delay from third parties providing documentation
  4. no indemnity policies are required. Additional disbursements may apply if indemnity policies are required.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as Land Registry fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

In addition please see below a list of searches we would recommend. The average costs of a full suite of searches for a residential purchase is £350.00 inclusive of VAT. The search fees payable are depending upon the location and type of property you are purchasing.

  • Local Authority Search.
  • Local Water Authority Water & Drainage Search.
  • Combined Environmental & Planning Search.
  • Chancel Indemnity.
  • Search of the Index Map.

Additional Searches which may be required

  • Energy Searches
  • Mines and Minerals Searches
  • Commons Search
  • Specific Gas/Electricity Searches
  • Coal Mining Search

Stamp Duty Land Tax or Land Transaction Tax

Stamp Duty Land Tax or Land Transaction Tax depends on the purchase price of your property. You can calculate the amount you will need to pay by using HMRC’s website or if the property is located in Wales by using the Welsh Revenue Authority’s website here.

How long will my house purchase take?

How long it will take from your offer being accepted until you can move in to your house will depend on a number of factors. The average process takes between 8-12 weeks.

It can be quicker or slower, depending on the number of parties in the chain and their circumstances. For example, if you are a first time buyer, purchasing a new build property which is already build complete with a mortgage in principle, it could take 6 weeks. However, if you are buying a leasehold property that requires an extension of the lease, this can take significantly longer. In such, a situation additional charges would apply.

Stages of the process

The precise stages involved in the purchase of a residential property vary according to the circumstances. Below we have set out some key stages as follows:

  • Take your instructions and give you initial advice.
  • Check finances are in place to fund purchase and contact lender’s solicitors if needed.
  • Receive and advise on contract documents.
  • Carry out searches.
  • Obtain further planning documentation if required.
  • Make any necessary enquiries of seller’s solicitor.
  • Draft the Transfer Deed.
  • Advise you on joint ownership.
  • Give you advice on all documents and information received.
  • Go through conditions of mortgage offer with you.
  • Send final contract to you for signature.
  • Agree completion date (date from which you own the property).
  • Exchange contracts and notify you that this has happened.
  • Arrange for all monies needed to be received from lender and you.
  • Complete purchase.
  • Deal with payment of Stamp Duty/Land Tax.
  • Deal with application for registration at Land Registry.

Our fees* cover the work required to complete the purchase of your new home, including dealing with registration at the Land Registry and dealing with the payment of Stamp Duty Land Tax (Stamp Duty) if the property is in England, or Land Transaction Tax (Land Tax) if the property you wish to buy is in Wales.

Conveyancer’s fees and disbursements

Our fees are based on several different factors, namely the hourly rate of the Lawyer dealing with the transaction on your behalf (please see the hourly rates below), the value of the transaction and the complexity.

Our fees range when acting on a purchase of a leasehold residential dwelling between the value of:

  • £50,000.00 to £500,000.00 from £750.00 to £1,500.00 plus VAT and disbursements;
  • £500,000.00 to £1,000,000.00 from £1,500.00 to £3,750.00 plus VAT and disbursements; and
  • If the purchase price is more than £1,000,000.00 please contact us to discuss a bespoke estimate.

Hourly Rates
Consultant £300.00
Partner £235.00 – £250.00
Senior Solicitor £210.00 – £220.00
Solicitor £160.00 – £200.00
Trainee Solicitor £110.00
Legal Executive £185.00 -£210.00
Trainee Legal Executive £80.00

* Our fee assumes that:

  1. this is a standard 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
  2. the transaction is concluded in a timely manner and no unforeseen complication arise
  3. all parties to the transaction are co-operative and there is no unreasonable delay from third parties providing documentation
  4. no indemnity policies are required. Additional disbursements may apply if indemnity policies are required.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as Land Registry fees. We handle the payment of the disbursements on your behalf to ensure a smoother process. There are certain disbursements which will be set out in the individual lease relating to the Property.

Anticipated Disbursements*

  • Notice of Transfer fee – This fee if chargeable is set out in the lease. Often the fee is between £50.00 to £150.00.
  • Notice of Charge fee (if the property is to be mortgaged) – This fee is set out in the lease. Often the fee is between £50.00 to £150.00.
  • Deed of Covenant fee – This fee is provided by the management company for the property and can be difficult to estimate. Often it is between £100.00 to £250.00.
  • Certificate of Compliance fee – To be confirmed upon receipt of the lease, as can range between £100.00 to £250.00.

*These fees vary from property to property and can on occasion be significantly more than the ranges given above. We can give you an accurate figure once we have sight of your specific documents.

In addition, please see below a list of searches we would recommend. The average costs of a full suite of searches for a residential purchase is £350.00 inclusive of VAT. The search fees payable are depending upon the location and type of property you are purchasing. This list is not exhaustive and other disbursements may apply depending on the term of the lease*. We will update you on the specific fees upon receipt and review of the lease from the Seller’s solicitors.

  • Local Authority Search
  • Local Water Authority Water & Drainage Search
  • Combined Environmental & Planning Search
  • Chancel Indemnity
  • Search of the Index Map

Additional Searches which may be required

  • Energy Searches
  • Mines and Minerals Searches
  • Commons Search
  • Specific Gas/Electricity Searches
  • Coal Mining Search

You should also be aware that ground rent and service charge are likely to apply throughout your ownership of the property. We will confirm the ground rent and the anticipated service charge as soon as this we receive this information.

Stamp Duty Land Tax or Land Transaction Tax

This depends on the purchase price of your property. You can calculate the amount you will need to pay by using HMRC’s website or if the property is located in Wales by using the Welsh Revenue Authority’s website.

How long will my house purchase take?

How long it will take from your offer being accepted until you can move in to your house will depend on a number of factors. The average process takes between 8-12 weeks. It can be quicker or slower, depending on the parties in the chain. For example, if you are a first time buyer, purchasing a new build property with a mortgage in principle, it could take 6 weeks. However, if you are buying a leasehold property that requires an extension of the lease, this can take significantly longer. In such, a situation additional charges would apply.

Stages of the Process

The precise stages involved in the purchase of a residential leasehold property vary according to the circumstances. Below we have set out some key stages as follows:

  • Take your instructions and give you initial advice.
  • Check finances are in place to fund purchase and contact lender’s solicitors if needed.
  • Receive and advise on Contract documents and lease
  • Carry out searches.
  • Obtain further planning documentation if required.
  • Make any necessary enquiries of seller’s solicitor.
  • Give you advice on all documents and information received.
  • Go through conditions of mortgage offer.
  • Send final contract to you for signature.
  • Draft Transfer.
  • Advise you on joint ownership.
  • Obtain pre-completion searches.
  • Agree completion date (date from which you own the property).
  • Exchange contracts and notify you that this has happened.
  • Arrange for all monies needed to be received from lender and you.
  • Complete purchase.
  • Deal with payment of Stamp Duty/Land Tax.
  • Deal with application for registration at Land Registry.
  • Deal with notice of assignment/charge and any post completion requirements under the terms of the lease.

MEET THE SPECIALISTS

Sarah Miller

David Park

Alison Kinder

John Myers

Charlotte Russell

Tanya Mellor

Pamela Cockram

Lara McIntosh

Sally Lowton

Sally Lowton

Bryony Robin

Bryony Robin

LET’S WORK TOGETHER

We work as a single united team with market leading firms around the world and give our clients the highest quality advice possible.

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