Over fifty years of legal expertise

Brewer Wallace has been established as a law practice in East Yorkshire since July 2012. Dennis Brewer, Bob Wallace and Kevin Ogle are the three directors and principals at the firm. Collectively they been in practice for over 50 years. Each brings a wealth of experience to the firm, and with the support of over 20 legal and clerical staff the company provides a broad range of legal services.

OUR AREAS OF PRACTICE

Moving home

Conveyancing buying/selling

Costs Information

Information on the Sale Procedure

The below is a guide to the Conveyancing process for the sale of a property. Please note that it is intended to be a very basic guide to the main stages of the process and is far from being a complete overview. The stages set out below are based on a standard residential transaction. Please note that the stages do not always follow the same sequence.

We would normally expect to complete your transaction within 6 to 8 weeks. However, please be aware that conveyancing timetables are subject to a range of external factors and circumstances which are beyond our control, and we can, therefore, only estimate and not guarantee how long this matter is likely to take.

All of the work detailed below will be included in our quoted fee, unless specifically stated otherwise when the quote is provided.

Stage 1
·         An offer is accepted via estate agents (or privately) from Buyer for sale of the property
·         All parties instruct solicitors
·         Estate agents (or if private the parties themselves) send out Memorandum of Sale to all parties concerned confirming the agreed price and details of the Buyer, Seller and their respective solicitors
·         Seller’s solicitor applies for a copy of the Deeds, including the lease, if the property is leasehold, from the Land Registry and sends the Seller a request for additional information regarding such as details of the landlord, rent and service charge payments
·         Both solicitors write to each other to confirm their instructions
Stage 2
·      Once the Seller’s solicitors have received the copy Deeds from the Land Registry and completed information forms/questionnaires from the Seller, they send to the Buyer’s solicitors the Contract package
Stage 3
·         Buyer’s solicitors review the Contract package
·         Buyer’s solicitors submit local search, and will also submit any other required searches e.g. coal mining search, environmental search
·         Buyer’s solicitors may request additional information about the property, the legal title or the surrounding area from the Seller’s solicitors
·         Seller’s solicitor will deal with any legal enquiries they are able to answer, but may need to forward some enquiries to the Seller to answer
·         If the property is leasehold, additional information may be required from the landlord and/or management company
Stage 4
·         Buyer’s solicitors will review replies to their enquiries and may raise further enquiries with the Seller’s solicitors
·         Once the Buyer’s solicitors are satisfied with the replies to all their enquiries they will arrange for the Buyer to sign the Contract and at that stage will request a deposit (if applicable) from the Buyer. We will arrange for you to sign the Contract at an appropriate stage, usually when the Buyer’s solicitors have approved the contract
·         Once the Buyer’s solicitors have received a copy of the Buyer’s mortgage offer, local search results, replies to all their enquiries, signed Contract and cleared funds in respect of the deposit (if any) the Buyer’s solicitor is then ready to exchange contracts
Stage 5
·         The Buyer’s solicitor contacts the Seller’s solicitor to advise they are ready to Exchange contracts and will suggest a Completion date
·         The Seller’s solicitor then contacts the Seller to check if the proposed Completion date is agreed. If not agreed the Seller’s solicitor will negotiate with the Buyer’s solicitors (or via the estate agents) for a Completion date acceptable to all parties
·         Once a Completion date is agreed the Buyer’s solicitor and Seller’s solicitor Exchange Contracts
·         Both parties are now legally bound to buy and sell the property for the agreed price on the agreed completion date
Stage 6 – The Completion Date
·         On the Completion date the Buyer’s solicitor will send by same day money transfer to the Seller’s solicitor the monies required to purchase the Property
·         Once the money is received the Seller’s solicitor will authorize the release of the keys to the Buyer either via the estate agents or via the Seller direct
·         The Seller’s solicitors will then pay off any existing mortgages secured on the property, the estate agent fees and the net proceeds of sale to the Buyer
The Sale is then Complete

Please note the following:

  • You are not obliged to continue with the sale until we exchange contracts.
  • If you are also buying a property, we strongly recommend that contracts for the sale and purchase should be exchanged at the same time. If you exchange contracts on your sale independently of your purchase, you will have to find alternative living accommodation, and storage facilities for your furniture
  • If this is a second home, you should discuss tax implications with your financial advisor
  • You should note that whilst we appreciate that you may have a target completion date in mind, this does need to be agreed with the other parties in the chain you are involved in. You must therefore be aware that any completion dates cannot be guaranteed until the solicitors acting for all parties in the chain have both confirmed the completion date, and indicated that they are ready to proceed. Only once you have exchanged contracts will the completion date be legally binding on your buyer. Please therefore do not make any completion arrangements, such as booking removal vans, booking time off work, or committing to alternative accommodation until we have received such confirmation from the chain
  • All mortgages secured on the property must be repaid by us on completion. We cannot complete unless we are holding sufficient cleared funds to do so
  • Do not cancel buildings/contents insurance or mortgage payments until completion

On the day of completion:

  • It is essential that you let us have before completion a telephone number where you can be contactable on the day of completion, as your land line may be disconnected at some point beyond your control during the day
  • It is common for a seller to vacate the property by midday on the day of completion. However, please be aware that the buyer is entitled to request the key at the point where the purchase monies are received by our bank, and it is therefore advisable for you to liaise with the buyer either direct or via the estate agents to clarify key release arrangements in order to avoid any misunderstandings, and to check any particular requirements your buyer may have regarding moving in. However, please do not release the keys to the buyer until we have confirmed to you that we have received the purchase monies from the buyer’s solicitor
  • Take final meter readings and notify the relevant utility companies
  • You will be contractually obliged to remove all your personal belongings, and leave the property clean and tidy and free from rubbish

Stages of the Sales Process
Information on the Purchase Procedure

The below is a guide to the Conveyancing process for the purchase of a Freehold or Leasehold property. Please note that it is intended to be a very basic guide to the main stages of the process and is far from being a complete overview. The stages set out below are based on a standard residential transaction. We would normally expect to complete your transaction within 6 to 8 weeks. However, please be aware that conveyancing timetables are subject to a range of external factors and circumstances which are beyond our control, and we can, therefore, only estimate and not guarantee how long a matter is likely to take. Please note that the stages do not always follow the same sequence.

All of the work detailed below will be included in our quoted fee, unless specifically stated otherwise when the quote is provided.

Stage 1
  • An offer is accepted via estate agents (or privately) from Buyer for sale of the property
  • All parties instruct solicitors
  • The estate agents (or if private the parties themselves) send out the Memorandum of Sale to all parties concerned confirming the agreed price and details of the Buyer, Seller and their respective solicitors
  • Both solicitors write to each other to confirm their instructions
  • Seller’s solicitor applies for a copy of the Deeds, including the lease, if the property is leasehold, from the Land Registry and sends the Seller various forms/questionnaires to complete such as a Fixtures Fittings and Contents form
Stage 2
·         Once the Seller’s solicitors have received the copy Deeds from the Land Registry and completed forms/questionnaires from the Seller, they send to the Buyer’s solicitors the Contract package
Stage 3
  • Buyer’s solicitors review Contract package
  • Buyer’s solicitors submit a local and drainage searches and will also submit any other required searches e.g. coal mining search, environmental search
  • Buyer’s solicitors may request additional information about the property, the legal title or the surrounding area from the Seller’s solicitors. If the property is leasehold, additional leasehold enquiries will also be sent to the seller’s solicitor to be answered by the Landlord or their Agents.
  • Seller’s solicitor will deal with any legal enquiries they are able to answer
  • Buyer’s solicitors will send a report to the Buyer on the property which includes a plan of the property and a form indicating items to be included in the sale
Stage 4
  • Buyer’s solicitors receives the Buyer’s mortgage offer and reports to the Buyer on the terms of the offer
Stage 5
  • Buyer’s solicitors receives the search results and reports to the Buyer on any adverse entries
Stage 6
  • If the Buyer’s solicitors are satisfied with the replies to the Additional Enquiries they will then arrange for the Buyer to sign the Contract documents and request a deposit (if applicable) from the Buyer
Stage 7
  • Once the Buyer’s solicitors have received satisfactory replies to Additional Enquiries, satisfactory search results, mortgage offer (if required), signed Contract documentation and a clear deposit the Buyer’s solicitor is then ready to exchange contracts
Stage 8
  • The Buyer’s solicitor contacts the Seller’s solicitor to advise they are ready to Exchange contracts and to suggest a Completion date
  • The Seller’s solicitor then contacts the Seller to check if the proposed Completion date is agreed. If not agreed the Seller’s solicitor will discuss with the Buyer’s solicitors a Completion date acceptable to all parties
  • Once a Completion date is agreed the Buyer’s solicitor and Seller’s solicitor Exchange contracts
  • Both parties are now legally bound to buy and sell the property for the agreed price on the agreed completion date.
Stage 9 – The Completion Date
  • On the Completion date the Buyer’s solicitor will send by same day money transfer to the Seller’s solicitor the monies required to purchase the Property.
  • Once the money is received the Seller’s solicitor will authorize the release of the keys to the Buyer either via the estate agents or via the Seller direct
        The purchase is then Complete

Please note the following:

  • You are not obliged to continue with the purchase until exchange of contracts
  • If you are also selling a property, we strongly recommend that contracts for the sale and purchase should be exchanged at the same time. If you exchange contracts on your purchase independently of your sale, you may have to obtain bridging finance for an unpredictable length of time. You may also find that your new lender will require all existing mortgages to be repaid before they advance the monies required by you to fund your purchase
  • You should not exchange contracts until you have your mortgage offer, and we have received satisfactory results/replies to our searches and enquiries. If not, matters may arise which could either prevent registration of your title and mortgage (if applicable) at the land Registry, or which could cause you difficulties during your ownership and/or when you come to sell the property
  • You should be aware that if you are borrowing money from an institutional lender to finance your purchase, we are also acting for the lender. We are obliged to report any concerns to the lender which could affect their security, or any items which conflict with the valuer’s assumptions in the valuation report, such as discrepancies in the Purchase Price. If we receive instructions form you which conflict with our obligations to the lender, a conflict of interest will arise, and we may have to cease to act on your behalf in the transaction
  • We strongly recommend that you arrange for a house buyer’s survey, rather than rely on a lender’s valuation
  • If this is to be a second home, you should discuss tax implications with your financial advisor

On the day of completion

  • It is essential that you let us have before completion a telephone number where you can be contactable on the day of completion, as you may not be contactable on a land line for a large part of the day of completion
  • It is common for a seller to vacate the property by midday on the day of completion. However, it is advisable for you to liaise with the seller either direct or via the estate agents to clarify key release arrangements in order to avoid any misunderstandings and to check any particular requirements your seller may have regarding their departure arrangements. Please note that the seller is not obliged to release the keys to you until the purchase monies have been received by the buyer’s solicitor
  • Please note that we are required to transfer the money directly to the bank account of your seller’s solicitors on the day of completion. In order for us to transfer the funds, we must have received in our account the mortgage funds and, if applicable, the sale proceeds of any connected sale from the buyer’s solicitors. Whilst in theory this sounds like a simple process, in practice we are dependent upon our bankers and those of the seller’s solicitors, and buyer’s solicitors if applicable, in processing and completing the funds transfer. Unfortunately, this means that we have no control over the time at which the purchase monies will be received by your seller’s solicitor. As a result, we cannot give you a firm indication as to when the keys will be available on the completion day. Whilst we will deal with the matter as quickly as possible, you should not expect to receive the keys until at least lunch time
  • Take meter readings and notify the relevant utility companies as soon as you move in

Stages of the Purchase Process

Our teams of specialist conveyancing staff have years of experience in dealing with all kinds of conveyancing matters. Our Directors (all Senior Solicitors) each head up a teams of conveyancers in their respective offices, and have been working in this area for between 10 and 41 years.

We employ a team of around 5 Conveyancers and 9 Litigation Assistants who do much of the day to day work on files. Although they are not legally qualified, they have between 1 and 30 years experience, have received extensive training within our firm and work under the direct supervision of a Director.  Details of our staff can be found here.

We have a proven track record in achieving successful outcomes for our clients. You can find out more about our price information above.

Who Will do the Work for You ?

Planning for the future

Wills

Family Trusts

Inheritance & Tax Planning

Care Home Planning

Asset Protection

Powers Of Attorney

Court Protection

Helping with bereavement

Probate

Costs Information

We can help you through what is a stressful and upsetting time, by obtaining the Grant of Probate on your behalf.

Once we have provided you with a dedicated and experienced probate lawyer, the main stages of work involved in an uncontested Probate application will be :

  • Identify the legally appointed executors or administrators and beneficiaries
  • Accurately identify the type of Probate application you will require
  • Obtain the relevant documents required to make the application
  • Complete the Probate Application and the relevant HMRC forms
  • Draft a legal oath for you to swear
  • Make the application to the Probate Court on your behalf
  • Obtain the Probate and securely send two copies to you

Every case will be different, but on average we would estimate that :

  • Obtaining valuations of property and assets will typically take approximately 3 weeks, then
  • Obtaining the Grant of Probate usually takes around 3 weeks

It is important to note that the above timescales assume that any others who may be involved in the process (for example banks and all beneficiaries) fully cooperate with us in a timely manner.  Delays on their part will have a knock on effect to the total time taken to complete the process.

Stages of Work Involved for an Uncontested Probate Application
Our team of specialist probate lawyers has years of experience in dealing with probate disputes. Two of our Directors head up the probate teams at their respective offices, who have between 27 and 41 years experience in this area.

Our solicitors and Legal Executives who undertake this work have experience in all aspects of probate law and we dedicate ourselves to ensuring our knowledge stays up to date, in order to give you the best service possible. They have between 13 and 31 years of experience in the area. We always make sure that junior solicitors and members of staff are supported and supervised appropriately to ensure that the quality of advice is not affected, regardless of who is working on your case.

We also employ a team of around 4 litigation assistants who do much of the day to day work on cases. Although they are not legally qualified, they have between 2 and 45 years experience, have received all relevant training within our firm and work under the direct supervision of a solicitor or Legal Executive with at least 5 years post qualification experience

You can find out more about our price information here .

Who Will Do the Work for Me ?

Estate Administration

Trustee Notices

Variation of Wills

Trustee Services

Business

Landlord & Tenant – AST and repossession

Retirement

Redundancy

Settlement (Compromise) Agreements

Business Acquisition & Disposal

Company Mergers & Acquisitions

Company Partnerships – Start Ups

Property Acquisitions – Purchase or Lease

General

Brewer Wallace Solicitors are both CQS and WIQS accredited as conveyancing, wills and inheritance specialists.

Get Your Estimate Now!

Conveyancing & Cost Information

Get an instant conveyancing estimate with our online calculator.
Get Your Estimate Now!

Questions about a legal issue? Ask our experts.

Ask An Expert