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Our Fees

We offer a fixed fee for this type of service which is based on the value of the property in question. The prices above are for our legal fees and expected disbursements for the complete service which includes:

 

  • Taking your initial instructions
  • Undertaking due diligence exercises on the property i.e. carrying out searches and raising/responding to enquiries
  • Drafting and exchanging contracts on your behalf
  • Ensuring funds are transferred properly for completing the transfer of property
  • And, registering the property or mortgages in your name.

Please note that with purchases there is a £300 deposit of money on account to cover initial costs such as searches, £100 initial deposit for a sale and £150 for a remortgage with the remaining balance to be paid upon completion of the transaction.

Expected Timescale:

Purchase: 7 – 9 weeks

Sale: 7 – 9 weeks

Remortgage: 4 – 6 weeks

Get your Quote

To get a no obligation, exact quote contact us on the number below:

Call:

Newport – 01633 235 145

Cardiff – 029 2267 6819

Tax on Purchases: 

The amount of Tax that you pay on Completion depends on the purchase price of your property and how many other properties a buyer may own at the conclusion of a transaction.

When a property is purchased in Wales Land transaction tax may be payable and this is administered by the Welsh Revenue Authority (WRA).

WRA Land Transaction Tax Calculator (Properties in Wales)

HM Revenue and Customs (HMRC) collect Stamp duty Land tax which is the tax payable on the purchase of properties in England.

HMRC Stamp Duty Tax Calculator (Properties in England)

We shall pay on completion to HMRC or WRA, as applicable, the Tax accordingly to our calculations. However, please note that it is your responsibility to ensure that the correct amount of tax is being paid. If you wish for clarity or have any queries on the level of Tax, you should consult with a Tax Expert/Adviser in advance of exchange of contracts.

Please Note:

In certain circumstances, where the matter is unexpectedly complex, there may be additional fees payable and the following are examples of such situations:

 

  • if legal title is defective or part of the property is unregistered
  • if you discover building regulations or planning permission has not been obtained
  • if crucial documents you have previously requested from the client have not been provided
  • if there is more than one mortgage involved
  • if you require an expedited exchange of Contracts or completion within 28 days of instruction or less than 8 days from receipt of mortgage offer, there will be an additional fee payable of £125.00 plus VAT.
  • In respect of leasehold properties

Leasehold Properties:

Purchases: If your Property is leasehold, the Lease may set out whether any additional charges apply. These additional charges are usually due to the Freeholder and/or the Management Company and typical examples are as follows:- 

  • Deed of Covenant: Some Leases require that you enter into a Deed to confirm that you will be bound by the terms of the Lease.
  • Notice of Assignment and Charge: The Lease Administrator will require that notice is served on them of the change in ownership and mortgage This is so that they can make sure that they have your contact details and can provide you with information about their plans and charges for the upkeep of the property during your ownership.
  • Certificate of Compliance: This is a document that the Lease Administrator provides to confirm to the Land Registry that the requirements in the lease for the change in ownership have been complied
  • Stock or Membership Transfer: If you will be required to become a member of the Management Company then some administrators charge a fee for transferring the share or membership in the Management Company into your

This is not an exhaustive list and other disbursements may apply depending on the terms of the Lease for your Property.

Whilst we have provided an estimate of the costs, please note that they vary depending on the property and can be significantly less or significantly more than our estimates above. We shall provide you with clarity on these specific costs upon review of the Lease once received from the Seller’s Solicitors.

Be aware that Ground Rent and Service Charges will also be payable for the Property during your ownership as per the terms of the Lease. We shall confirm the costs of the same upon receipt of the Lease and Freeholder/Management Company Sale Pack.

Further helpful information on owning a leasehold property can be found at :-

http://www.lease-advice.org/

Sales: If your Property is leasehold, we will need to obtain from the Freeholder and/or Management Company their Sales pack which is required by the Buyer’s Solicitors in order to investigate title to the Property on their client’s behalf. The cost of each respective Sales Pack varies between different Freeholders and Management Companies however, can on average be anything between £120 and £350 although can on occasion be significantly more or less. We shall advise you of this cost upon receiving confirmation from the Freeholder and/or Management Company at which point you will be asked to make payment to us on account of the same so we can request the pack. Examples of things that you are required to pay on a sale can include:-

 

  • Leasehold Property Enquiries: You will probably need to pay the Lease Administrator to provide the information required by your buyer and their lender when assessing the suitability of the title of the Most conveyancers recommend the use of the LPE1 and LPE2 because it is endorsed by both the legal and leasehold industry.
  • License to Assign: it is possible that your lease requires you to obtain a license from the Lease Administrator to sell the property, this will often involve them ‘vetting’ the new owner to make sure they meet the Lease Administrator’s criteria and they will charge a fee.
  • Some leases, usually in retirement flats, may also include an ‘exit’ or ‘transfer’ fee usually expressed as a percentage of the value.

Note on Remortgages:

Some mortgage Lender’s require full searches (local, drainage and environmental) to be conducted as part of the checks to ensure the Property forms suitable security for their loan to you. If so, the cost as stated above is likely to be incurred however, this can vary to a lesser and greater extent depending on the locality of the Property. We can advise you more specifically upon becoming aware of the property address.

In some instances, mortgage lenders accept Search Insurance in place of full searches.

Search Insurance covers insured parties against specified loss arising from matters which arise after the Policy is put on cover but would have been known about had full searches been undertaken. The cost of the search insurance depends on the value of the Property on a sliding scale.

The cost range stated above deals with properties up to £1,000.000.00. We can advise you of the suitability of Search Insurance and cost specific to your Property as your matter progresses.

Land Registry Registration Fee on Remortgages:

After completion of your remortgage, we shall register the new mortgage (and any Transfer, if applicable) at Land Registry. The fee payable to Land Registry is applied on a sliding scale depending on many factors such as, albeit not exclusively, the amount of the loan being secured against the Property, whether there are any further advances and if the application supports another application.

Where the application is of a nature that can be submitted to Land Registry electronically, the fee will be reduced. The reduced fee is in the range of £20.00 – £80.00 and we shall advise you more specifically once we have details of your matter.

Meet the Team

Wyn Williams

Partner, Solicitor
Qualified: 2003

Wyn is the head of our residential property team and has over 15 years’ experience in residential property work.  Wyn has been working in this area since he qualified.  Wyn specialises in dealing with residential property matters including sales, purchases, transfers of equity and re-mortgages. During his career, Wyn has dealt with hundreds of matters of varying nature and complexity and is looking forward to being able to use his expertise to grow and develop our Property Team.

Judith Krukowicz

Associate, Conveyancer

Judith has been working at Harding Evans for approximately 12 years however in total has over 20 years experience in conveyancing in particular dealing with sales, purchases and remortgages.

Rhiannon Blackaby

Assistant Solicitor, LLB Hons
Qualified: 2014

Rhiannon studied Law at Swansea University, graduated with a 2:1 and then completed the LPC in 2006. In 2007 Rhiannon began working in Conveyancing as a legal assistant. Having completed her Training Contract and qualified as a Solicitor in 2014. Rhiannon has been working at Harding Evans since May 2016.

Samantha Pocknell

Conveyancer

Samantha has been working in residential property since 2001.  During Samantha’s 18 years experience, she has dealt with a wide rage of conveyancing matters including re-mortgages, sales, purchases, new builds, shared ownership and transfer of equity.   

Samantha previously carried out volume plot sales for a national builder. Samantha has been working at Harding Evans since 2011 and acts for a large housing association undertaking plot sales throughout South Wales.

Rachael James

Licensed Conveyancer, CLC
Qualified: 2016

Rachael qualified as a Licensed Conveyancer in 2016 and joined Harding Evans In 2017. Rachael has completed LLB Law (Hons) in 2012 and Legal Practice Course in 2013 with Distinction. Rachael has been working in conveyancing for the last 5 years.

Jamie Beese

Assistant Solicitor, BA Hons
Qualified: 2018

Jamie qualified as a solicitor in January 2018. Jamie obtained a degree in Modern History and politics before attending Cardiff University where he completed the Graduate Diploma in Law and Legal Practice Course. He has been working in our conveyancing department since he qualified.

Danielle Bushell

Assistant Solicitor, LLB Hons
Qualified: 2017

Danielle has worked at Harding Evans since 2012 and qualified with us in April 2017.  She has worked in residential property for over 15 years.

Amy Palmer

Legal Executive
Qualified: 2007

Amy is a Graduate of the Institute of Legal Executives having graduated in October 2007. Amy has experience in Personal Injury, Property Litigation, Developer Plot Sales and Residential Conveyancing.  Amy has worked in Residential Conveyancing for a number of years and joined Harding Evans in June of this year working from the Whitchurch Office. Amy prides herself on providing a high standard of Client Care and Service.

Luisa Court

Trainee Solicitor

Luisa is currently undertaking her training contract and will qualify as a solicitor in March 2019.

Luisa joined our firm in 2015, as a conveyancing assistant and secured her training contract in November 2017. She attended the University of Swansea and completed the Legal Practice Course with a commendation.

Our Process

Guide to Buying

Introduction

The house buying process usually takes 7-9 weeks for a freehold property and 9-11 weeks for a leasehold property (from receipt of contracts).

We are only as efficient as the solicitor acting for the other side and we rely on them to move at the same pace as us! What we can promise you is that we will do everything in our power to ensure the process is as stress-free as possible! Each property we deal with is unique, and sometimes things can crop up that might be unexpected – this guide aims to give you a better understanding of the usual conveyancing process, so that you have an idea of what is ahead. We also answer some of the most frequently asked questions from clients who have already been through the conveyancing process!

Step 1 – Sale Agreed

We are normally provided with details of the transaction by the Estate Agent and we will then contact the solicitor acting for your sellers to request the Contract paperwork. We will send you our terms of business and a letter asking you to complete a questionnaire about your purchase, and sale if applicable. It is important that you complete and return everything to us as soon as possible including identification, money on account and signed paperwork. Without this, we cannot start work on the file.

TOP TIP: We will always request proof of funds from you. If the funds are not coming from the sale of another property, please provide us with your bank statements showing where the balance of funds is coming from at the very outset. We appreciate you may have already provided these to the estate agent (if requested) and mortgage adviser but we need to check where funds are coming from due to Money Laundering regulations who have already been through the conveyancing process!

Step 2 – Contracts Issued

When we receive the Contract paperwork from the seller’s solicitors we will review the same, this process is known as “Title Checking”. At this point we request your searches from the relevant authorities – the results are usually received within 2 weeks but can take longer depending on the authorities’ workloads and turnaround times.

During this time, you will be applying for your mortgage (if applicable and if you have not already done so) and the Estate Agents will contact the sellers to arrange for the mortgage company’s valuer to attend the property.

Step 3 – Enquiries

Once we have reviewed your documents we will raise additional enquiries if necessary. The sellers’ solicitor will usually need to contact the sellers to obtain the replies to our enquiries.

We usually receive the results of the searches at this point which we will review and again raise any issues that may have been identified with the sellers’ solicitor.

TOP TIP: If you have access to our app, check out the plan of the property and the fixtures and fittings form. You can confirm that the boundaries are correct and that everything you thought was included in the transaction are as they should be. This will save any last-minute queries.

Side note – At this stage it can seem as though everything has gone a bit quiet! This is completely normal and we’re just busy behind the scenes completing all of the legal stuff!

Step 4 – Mortgage Offer

You need to ensure that you have a mortgage in place (if applicable). Once we receive your Mortgage Offer we will need to make sure that all of the details are correct and report any inaccuracies to the lender.

The lender may include ‘Special Conditions’ in the offer that we must comply with before we are able to proceed to Exchange of Contracts. You should receive your mortgage offer at the same time as us.

DON’T FORGET! On receipt of your mortgage offer if your lender provides you with a valuation report or survey please forward this on to us.

Step 5 – Property Report

We will now send you a full report on the property including the results of the searches and the paperwork that you need to sign. We’ll ask for your deposit – our report will contain our bank details for you to send the money. We will then ask you to propose a date for completion and check with the seller’s solicitor if this date can be agreed, there may be some negotiation on the date to ensure that all parties can achieve completion on the same day. This can be frustrating particularly if there are several properties in the chain. On receipt of your signed paperwork and once the completion date is agreed we will be able to exchange contracts.

TOP TIP: On exchange of contracts you’re agreeing to purchase the property as seen. If you have any concerns about the property you should organise a specialist contractor such as a plumber or electrician to attend the property to provide you with a report prior to exchange.

Step 6 – Exchange of Contracts

The standard conditions of the contract come into effect on ‘Exchange of Contracts’, you are now legally committed to proceed with the purchase. We will pay a deposit of up to 10% of the purchase price to the sellers’ solicitor and at this point the completion date is fixed.

We will need to speak to you on the day of exchange to get your authority. If the exchange is delayed on the day that you have given authority we will contact you the following working day.

DON’T FORGET! It is your responsibility to take out building insurance on your new property from exchange of contracts. We will need a copy of your building insurance schedule if you’re buying with a mortgage.

Step 7 – Completion

Once the money is received by the sellers’ solicitor the sale is completed. The conveyancing process is now finished, we will transfer your funds to the seller’s solicitor and you officially own the property!

The sellers’ solicitor will inform the estate agents to release the keys. We cannot give a definite time for completion on the day as this is dependent on several factors, such as the banking system, or if you have sale funds coming in from your related sale. We’ll call you when funds have been sent and we would hope that around an hour after that call you will get the keys to the property.

TOP TIP: Don’t forget to read your meters when you attend at the new property for the first time following completion. We’d recommend taking a photos as evidence, so that the utility company only bill you from the date that you officially own the property.

Step 8 – Registration

We will now forward all the information to the Land Registry to register you as the new owners of the property. Once this is completed they will send us the updated Title Register which we will then forward to you. Please note this process can take a while as this is in the hands of the Land Registry.

DON’T FORGET! Now is a good time to start thinking about making a will, see page.13 for details of our will-writing services.

 

Guide to Selling

Introduction

The house selling process usually takes 7-9 weeks for a freehold property and 9-11 weeks for a leasehold property (from receipt of contracts).

We are only as efficient as the solicitor acting for the other side, so we rely on them to move at the same pace as us! What we can promise you is that we will do everything in our power to ensure the process is as stress-free as possible! Each property we deal with is unique, and sometimes things can crop up that might be unexpected – this guide aims to give you a better understanding of the usual conveyancing process, so that you have an idea of what is ahead. We also answer some of the most frequently asked questions from clients who have already been through the conveyancing process!

Step 1 – Sale Agreed

We are normally provided with details of the sale by the Estate Agent and we will then contact the solicitor acting for your buyers.

Shortly after you instruct us you will receive our company terms of business and a letter asking you to complete some questions about your purchase (if applicable) and sale.

It is important that you complete and return everything as soon as possible, including ID and monies on the account. Without these we cannot start work on the file.

If the property is leasehold, it’s useful for us to receive as much information as you have from your landlord or management company. If you have an early repayment charge on any existing mortgage please advise us of this and provide your mortgage account number.

Step 2 – Contracts Issued

We’ll draft the contract and send the same to your buyers’ solicitor together with the Property Information Form and Fittings & Contents Form that you have completed. If you have a mortgage on the property we’ll also request a redemption figure from your existing mortgage company.

During this time the buyers will be applying for their mortgage (if applicable) and the Estate Agents will contact you to arrange for the surveyor/valuer to attend your property. The buyers’ solicitor will apply for their searches from the Local and Water Authorities – the results should be received within 2 weeks but can take longer depending on the Authority’s workload.

Step 3 – Enquiries

The buyers’ solicitor will review the documentation that we have provided together with their search results and will then raise additional enquiries if necessary.

Once the enquiries are received by us we will answer the points that we can but usually we will need to contact you to obtain your replies to the queries we cannot answer.

TOP TIP: If you have any guarantees, planning permissions or building regulations certificates please provide these to us at an early stage. It will help reduce any queries your buyers and their solicitors may have.

Step 4 – Signing

We will send you the Contract and Transfer to sign in readiness for exchange and completion. Please be advised that by signing the contract at this early stage you are not committing yourself to the transaction. The contract only becomes binding on exchange of contracts.

DON’T FORGET! Your signature must be witnessed on the transfer document. The witness can be anyone other than a member of your family and must be over the age of 18 – they’ll need to sign and print their name, confirm their occupation and address. If there is more than one person signing, then each signature will need to be separately witnessed and the same witness can witness all signatures. We cannot complete a sale without being in possession of the original signed transfer document.

Step 5 – Exchange of Contracts

Once all enquiries are satisfied and the buyer is in receipt of their Mortgage Offer and Search results contracts can be exchanged. The standard conditions in the contract come into effect on “Exchange of Contracts” and you become legally committed to proceed with your sale of the property.

On exchange of contracts the buyer will be required to pay a deposit of up to 10% of the purchase price. At this point the completion date is fixed – the date you will need to move out of the property and the purchase money becomes payable. Following exchange of contracts we will forward you a completion statement for approval.

TOP TIP: We will need to speak to you on the day of exchange to get your authority to exchange. Should exchange be delayed on the day that you have given authority we will contact you again the following working day to once again for your authority.

Step 6 – Completion

On completion you must vacate the property and make arrangements to hand over the keys, usually to the estate agent. Once the balance of the purchase money is received by us the sale is complete. We will pay off any existing mortgages you have on the property in accordance with the Completion Statement, pay the estate agent if applicable and send you any remaining balance; or if you have a related purchase we will transfer the money across to your purchase file.

We cannot give a definite time for completion, as this can be down to several factors such as the banking system and number of properties in the chain. We will call you when funds have been received. Where there is an estate agent keys should be left with them. You will usually have until 2pm to vacate the property on the day of completion.

TOP TIP: Remember to read the meters and advise any utility supplier of final readings, we would also advise taking photo evidence as proof. The estate agent’s fees will usually be subject to VAT.

 

Mortgages & Re-Mortgages

Step 1 – We are instructed

You or your mortgage adviser will provide us with details of your new mortgage and how much you intend to borrow

Top Tip: – We will send you our terms of business and a letter asking you to complete a questionnaire about your re-mortgage. It is important that you complete and return everything to us as soon as possible. If the property is leasehold it would be useful to receive as much information as you have from your landlord or management company. If you have an early repayment charge on any existing mortgage please advise us of this and also provide your mortgage account number.

Step 2 – You return the paperwork to us

We will require you to return all your paperwork including identification, money on account and the signed client care letter and completed questionnaire to us. On receipt we will download a copy of the title to your property from the land registry. We will check the title and if leasehold we will also require a copy of the lease.  We will request an initial redemption figure from any existing lender.

Step 3 – Mortgage offer received

When it comes to the mortgage we are required to review the offer in conjunction with the title to the property. We’ll check over your mortgage offer and make sure all the conditions are met. We may have to carry out some searches on the property at this point too to satisfy your mortgage lender. Some lenders will accept indemnity insurance.

Step 4 – Signing

We will send you the Mortgage deed to sign in readiness for completion. We may also require from you at this stage additional information to satisfy mortgage conditions in the mortgage offer.

Top Tip: – It is necessary for your signature to be witnessed on the mortgage deed. The witness can be anyone other than a member of your family and must be over the age of 18. They just need to sign print their name and confirm their occupation and address. If there is more than one person signing, then each signature will need to be separately witnessed and the same witness can witness all signatures. We cannot complete a re mortgage without being in possession of the original signed transfer document.

Step 5 – Setting a date for completion

Once we receive your signed paperwork we will check with you if you have any preferred completion date or propose one of our own. Once your lender and you are content with the offer and that conditions are met you we will obtain an up-to-date settlement figure for your existing mortgage and we set a date to transfer all of the funds.

Step 6 – Completion

On the day of completion we will settle any existing mortgages and we transfer any left over money to you. Finally, we register your new mortgage at the Land Registry.

We cannot give a definite time as to when completion will be on the intended day of completion and we cannot confirm a specific time for you to receive any funds due to you from the re mortgage. If you require a direct transfer to your bank account we cannot accept these details via email. They must be completed on your questionnaire at the outset.