Head of Conveyancing
Joe Calado leads the conveyancing team. To contact Joe please call 01744 626 600 or email email@example.com
The sale or purchase of your home is probably the largest financial transaction you will ever undertake. Initially, it may seem to be a daunting prospect with numerous forms to complete and terms with which you may not be familiar, and it can be a stressful time.
However, our experienced and specialist team deliver a proactive Conveyancing service. We work with you and your estate agent, keeping you fully informed giving updates without the confusing legal jargon.
We also provide complete transparency telling you exactly what the legal costs will be in advance so that you can be prepared.
Offering conveyancing services for residential property we are experts in handling the purchase and sale of:
- Freehold Properties
- Leasehold Properties
- New Builds
- Right to Buy Properties
- Shared Ownership
- Buy to Let Properties
To help you on your conveyancing journey, we have prepared a conveyancing guide listed below, but for any further questions please get in touch. We look forward to helping you on your property journey.
To apply for a conveyancing quotation please click on the links below:
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To help you on your conveyancing journey, we have prepared a conveyancing guide. Simply click on a heading below to find out more.
Purchasing Property or Land?
Congratulations, your offer has been accepted! Now is the time to instruct a solicitor to act for you and this is where we can help.
We will send you a bundle of documents to complete to ensure we have all the information necessary as early as possible, i.e. are you having a mortgage, a gifted deposit or any help to buy funds. You will also need to ensure we have sufficient ID and we can guide you through this process.
Once we receive the contract pack from the buyers’ solicitors, we will need to investigate the property thoroughly and this does take time. We will simultaneously order searches and over the coming weeks will raise enquiries with the buyers solicitors on the contract pack and search results.
If you are using mortgage finance to fund the purchase, then a mortgage valuation and sometimes a survey will be needed too.
Once we have received all the searches, your mortgage offer and we are satisfied with all the replies to the enquiries we have raised we will report to you and send you documents for signing.
At this stage a target completion date will be agreed between the parties involved. This may be just you and the seller or there may be a chain of other related properties. The date has to be agreed by all parties.
Leasehold properties If the property you are purchasing is leasehold and either a ground rent or service charge is collected, then we also require a sales pack from the Landlord and/ or the Management company. There are normally additional fees payable on completion to the Landlord/ Management Company and we will advise you of the same as soon as possible.
Exchange only when all parties are ready and have agreed a date will contracts be exchanged. This makes the completion date legally binding. We will carry our some pre completion checks and request your contract deposit – this is never more then 10% of the purchase price.
Completion the sellers will vacate the property on the day of completion and you will collect the keys. There is no set time for completion, but this is generally early afternoon.
Timescales The industry average timescales for a purchase of property is 10-14 weeks from receipt of the draft contracts, however this is dependent on a multitude of factors and each transaction is particular to its own set of facts which can either increase or decrease the average timescales
Selling Property and Land?
Once you have accepted an offer for the sale of your property then you will need to choose a solicitor to act in the sale and that is where we can help.
If we are acting as your solicitor, we will need information from you to enable us to prepare the contract pack and send it to your buyers’ solicitors. We will send you a bundle of documents to complete to ensure we have as much information as possible at the start of the transaction. You will also need to ensure we have sufficient ID and we can guide you through this process.
Once we issue the contract pack to the buyers’ solicitors, they will need to investigate your property thoroughly and this does take time. They will order searches and over the coming weeks will raise enquiries with us on the contract pack and search results.
If the buyer is using mortgage finance to fund the purchase, then a mortgage valuation and sometimes a survey will be needed too. The mortgage company will most the time send their surveyor to your property for this purpose, however sometimes this is done virtually.
Once the buyers’ solicitors have all their searches back, the buyers mortgage offer and they are satisfied with all our replies to enquiries they report to their client. At this stage a target completion date will be agreed between the parties involved. This may be just you and the buyer or there may be a chain of other related properties. The date has to be agreed by all parties.
If your property is leasehold and either a ground rent or service charge is collected, then we are also required to obtain a sales pack from the Landlord and/ or the Management company. This is generally an additional cost that varies on every property. We will ascertain this cost as early as possible and advise you accordingly.
Exchange only when all parties are ready and have agreed a date will contracts be exchanged. This makes the completion date legally binding.
Completion You will need to vacate the property on the day of completion. The deeds to your property will be sent to the buyer’s solicitor on completion of the sale.
If you have a mortgage secured on your property, then this will need to be repaid on completion. This is done simultaneously on the day of completion and from the sale proceeds, a process which we take care of.
Timescales The industry average timescales for a property sale is 10-14 weeks from receipt of the mortgage offer however this is dependent on a multitude of factors and each transaction is particular to its own set of facts which can either increase or decrease the average timescales
A re-mortgage (also known as refinancing) is the process of paying off one mortgage with the proceeds from a new mortgage using the same property as security. The term is also used when securing a new mortgage on a previously un-mortgaged property.
The process of re-mortgaging does not usually involve moving home. It is in effect the transfer of a mortgage from one lender to another. Homeowners may choose to re-mortgage for various reasons, usually to reduce the overall monthly mortgage payment amounts, however other reasons may include raising capital to invest in the purchase of another property or to consolidate other more expensive short-term debts.
The process of a remortgage is similar to a purchase, as we are checking the property for your lender, but rather than asking the seller questions we ask you. Searches are sometimes needed, however the majority of the time they are not which makes the process much quicker.
Once we have your mortgage offer and we are satisfied we have dealt with all the lenders conditions and requirements, we can proceed to request a redemption statement for your current mortgage and order funds from the new mortgage.
We will always discuss the dates with you, ensuring any Early Repayment charges have passed.
Timescales The industry average timescales for a re-mortgage is 2-3 weeks from receipt of the mortgage offer documentation however this is dependent on a multitude of factors and each transaction is particular to its own set of facts which can either increase or decrease the average timescales.
Transfer of Equity
Equity is the residual value of an asset once any mortgage or liability secured on it has been paid. You can transfer this equity to someone by way of Transfer deed. You can transfer the whole of the equity to another or you can transfer a part.
There are many reasons why you may wish to affect a transfer of equity, you may wish to gift your asset or part of it to another, perhaps a spouse if you have recently married and owned the asset prior to the marriage. In some cases, transfers of equity can arise following the ending of a relationship and the co ownership needs to come to an end, the house equity can be transferred from joint names to just one name.
If the asset is in mortgage or otherwise subject to a liability, then you will need the permission of the mortgage company or secured creditor before you can make the transfer.
If you transfer your equity in an asset to another and receive a payment in respect of its value, then this payment may attract a stamp duty land tax liability.
Whatever your reason for wanting a transfer of equity we can ensure this is the correct route for you ensuring that you receive advice from the conveyancing team and private client where necessary.
Timescales The industry average timescales for a right to buy transaction is 3-4 weeks, however delays can occur if there are delays with the other party in returning their signed documentation. These timescales are dependent on a multitude of factors and each transaction is particular to its own set of facts which can either increase or decrease the average timescales.
Deeds of Gift
It is possible for you to give away the ownership of your property by way of a gift rather than by way of sale or purchase. If you pass the ownership of your property to another and you don’t receive any financial or other reward for it then you are effectively making a gift. The gift of land must be made by Deed. There may be legal and financial consequences both for you and the recipient on making the gift and therefore you should always ensure you obtain expert legal advice.
Tax, care home funding, divorce, financial planning, and death can all be issues which affect your decision to gift property, advice beforehand is vital to identify the potential consequences. We can provide advice from our Private Client Team to ensure you are fully supported.
This is a means of releasing capital from the equity in your home.
It is a type of mortgage without the requirement to make monthly repayments. There are different types of Equity Release Plans and a financial adviser specialising in this area will advise you according to your wants and needs. Whichever plan you choose it will necessitate you instructing a solicitor to advise you on the legal effects of such a scheme.
As interest on these loans can be high you should ensure you understand the legal and financial consequences before completing. As the consequences can be far reaching, we would advise that you discuss such schemes with your family before you decide to proceed.
The process of equity release is similar to a purchase, as we are checking the property for your lender, but rather than asking a seller questions, we ask you. Searches are generally needed on these types of transactions.
Generally, the lender will have their own solicitor whom we must report to and the lenders normally have very strict conditions we have to adhere to.
Once we are satisfied we have dealt with all the lenders conditions we can agree with you and the lenders solicitor a completion date where we will draw down the funds for you.
Timescales The industry average timescales for an equity release is 2-5 weeks from receipt of the mortgage offer however this is dependent on a multitude of factors and each transaction is particular to its own set of facts which can either increase or decrease the average timescales.
Right to Buy
Under a right to buy scheme you, as a tenant of a council or housing association owned property can purchase the property at a discounted price.
The conditions of a ‘Right to Buy’ scheme will usually say that you must have been a tenant for a requisite number of years before the purchase and that you will need to repay the discounted sum if you sell your property within three years of your purchase. Some schemes require you to offer it back to the council or housing association on a first refusal basis before you can resell on the open market.
Once purchased, the maintenance and upkeep of the property is your responsibility, the council no longer have any obligation to you in that respect.
We act on many Right to Buy properties and are well versed on this types of transactions.
Once the Transfer and plan is drawn up by the Council’s solicitor then we will send this to you for signing with our advice on the same.
If you are having a mortgage this must be approved by the Council.
Generally, completions must take place on a Monday.
Timescales The industry average timescales for a right to buy transaction is 3-6 weeks from receipt of the initial council documentation however this is dependent on a multitude of factors and each transaction is particular to its own set of facts which can either increase or decrease the average timescales.
Help to Buy
There are three main Help to buy schemes available;
Help to Buy ISA
You can pay in up to £200 each month.
The government will top up your savings by 25% (up to £3,000) when you buy your first home.
If you are buying with someone who also has a Help to Buy ISA, both of you will get the 25% bonus.
You can pay into the ISA until November 2029. You can claim the 25% bonus until November 2030.
We will tell you when to close your ISA and send us the closing statement so we can order the bonus for you in time for completion.
You can use a Lifetime ISA (Individual Savings Account) to buy your first home or save for later life. You must be 18 or over but under 40 to open a Lifetime ISA.
You can put in up to £4,000 each year, until you’re 50. You must make your first payment into your ISA before you’re 40. The government will add a 25% bonus to your savings, up to a maximum of £1,000 per year.
It is important to let us know as early as possible if you are using a LISA, as they generally require 30 days’ notice to draw down the funds and the 25% bonus.
Help to Buy Equity Loan
You can get an equity loan towards the cost of buying a new-build home as a first-time buyer. You can borrow an equity loan to cover from 5% and up to 20% of the property purchase price of your newly built home. If the property is in London, you can borrow up to 40%.
This is where the government pay the developer the % share agreed direct. The loan is like a second mortgage but without the monthly payments. You do not have to pay interest for the first 5 years. In the sixth year, you’ll be charged interest at a rate of 1.75%. This will be applied to the equity loan amount you originally borrowed (the equity loan percentage of the property purchase price). This annual interest is spread over the year in monthly payments
England and Wales scheme differ slightly and we are able to assist you with either.
Your mortgage broker will apply for the loan with your mortgage, and we will follow the normal Purchase process. In addition to this, we are required to provide several documents to help to buy and given them 10 days’ notice of exchange and then again further documents before completion.
Shared Ownership Properties
We bring experience at all stages of shared ownership transactions to help guide you in this area.
Shared ownership allows a housing association to sell a share in their housing stock. The most common scheme allows you as the purchaser to buy a percentage of the property, for example 50% with a view to purchasing more later. The process is similar to a purchase of a leasehold property which you can find the steps here. This scheme can be helpful if you would like to become a homeowner but for financial reasons find it difficult to do so. Purchasing just a share in the property makes you a part owner of the property along with the Housing Association. You will pay a rent for the part that remains within the ownership of the Housing Association.
If you already own a share of the property and are looking to purchase a further share know as ‘staircasing’ we can also assist you with this. Please get in touch for further information.
Timescales The industry average timescales for a shared ownership transaction is 12-15 weeks from receipt of the mortgage offer documentation however this is dependent on a multitude of factors and each transaction is particular to its own set of facts which can either increase or decrease the average timescales.
If you are looking to purchase a property which is part of a new construction, your purchase may begin before the build has started. You may have only the brochure detailing the visual of the proposed house. In this case, it is extremely important therefore that your solicitor checks all the rights and conditions that will affect your property once built. Exchange is usually required within 28 days and as such it is vital to instruct a solicitor as soon as possible.
With many new build properties, the roads and drains which are to serve the property are also newly constructed and these must be built to an acceptable standard to ensure their adoption by the relevant authorities on completion of the build. As part of the process of purchasing a new build we will ensure the relevant approvals and guarantees are in place for both the house and service constructions.
The process is the same as a standard purchase, details of which you can find here. Exchange is different as this is normally required within 28 days and completion is generally months away once the property is build complete. You will generally complete on 2 weeks’ notice provided by the site.
Timescales The industry average timescales for a right to buy transaction is 28 days to exchange from instructions as those are the developer’s requirements, completion will then take place based on how soon the property is physically built and ready to complete.
“We had a great experience with Frodsham’s. They dealt with our purchase incredibly quickly and navigated the pressures our buyer was putting on us throughout the process. Sue King was very responsive, calm and honest and we wouldn’t hesitate to recommend her and Frodsham’s. I also want to mention Claire on reception-often when I phoned it was in extremely stressful situations and Claire was always so lovely and helpful, giving us information or passing us through quickly. We highly recommend and will be using them again in the future.”
“Frodsham’s are so supportive and helpful. They supported me through a very difficult time, and I cannot thank them enough for everything they did for me. From the receptionist to Kirsty, our solicitor, I could not fault them as a team. The team are all very down to earth and I felt confident that they would explain everything to me in a way I could understand. Well done and thank you.”
“We were extremely pleased with Frodsham’s. Rachael and Sue are a real credit to this firm, their customer service was fantastic and kept us up to date throughout the whole process. Even when we were facing unforeseen issues Rachael and Sue were there to fight our corner and ensure our move happened. We simply cannot fault them, and 5 stars is not enough!”
“Kirsty Strong provided us with a great service and went out of her way to assist us whenever others couldn’t, we will be forever grateful.”
“I recently used Paula for some family advice and I also made a Will through Frodsham’s. Paula was empathetic and clear at a difficult time. I wouldn't hesitate to recommend Frodsham’s to anyone seeking legal advice. Thank you for looking after me.”
“I would like to start by saying I cannot recommend this company enough. I recently had to get an urgent Power of Attorney for my Father as he was taken into hospital with Covid-19. This was an extremely stressful and worrying time for my family and I, which without a doubt would have been more difficult without the help of Frodshams. Kirsty dealt with everything from start to finish with complete professionalism and empathy. She understood the urgency of the situation and went above and beyond her duty of care as a solicitor to ensure everything was in place. My family and I are extremely grateful and will certainly be using Frodshams again in the future.”