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Questions for your solicitor

Appointing a solicitor

Once you have found a property that meets your needs, you will require a solicitor to do your legal work in making an offer for it. The solicitor will be your legal adviser and will act under your instruction. Don't be afraid to ask your solicitor as many questions as you need to! Your solicitor's first job will be to tell the seller's solicitor that you are interested in the property. This is called 'noting interest'.

Questions to ask YOUR SOLICITOR

  • Is your mortgage lender happy to use the same solicitor as you for their legal work? This keeps your costs down.
  • What are the solicitor's charges? You can get an itemised estimate of what he will charge you before going ahead.

Getting a valuation

A valuation is a basic inspection of the property. It helps the lender decide whether the property is structurally sound and how much it is valued at (how much they will lend you to buy it). Your solicitor will read the valuation and inform you of any major problems. Ask to see a copy. If the valuation contains the words 'non-traditional construction' ask your solicitor to explain how this might affect you.

Remember, this valuation is not a survey! It is not a detailed inspection of the property and only major visible defects will be noted. You may want to consider a Homebuyers Survey and Valuation which provides more detailed information about the condition of the property. This type of survey typically costs around £250-£500. A complete building survey is a very detailed report on the structure and condition of the property. This type of survey is the most expensive, the cost depends very much on the extent of the survey.

Questions to ask YOUR SOLICITOR

  • Would it be advisable to get a fuller survey done on the property before offering for it?
  • Is there any potential repair problem like old roofing, subsidence, poor general maintenance?
  • Is there anything else the solicitor notices in the survey that might cause problems later?

Getting an 'offer of advance' and making your offer

When the lender is happy with the valuation, the lender will issue you an 'offer of advance'. You can then make an offer on the property. On a fixed price property, the seller will take the first offer received for the fixed amount. However most sellers ask for 'offers over' a certain amount and set a 'closing date' by which offers have to be made. Your solicitor will prepare a letter setting out your offer and will send it to the seller's solicitor.

Questions to ask YOUR SOLICITOR

  • How much over the asking price is it practical to offer? The solicitor should know roughly what is the going rate for your chosen property.
  • What date do you want to move in (the 'date of entry')? Leave yourself enough time to make all the arrangements you need to leave your current home, usually 4-6 weeks.
  • Do any planning conditions affect the property?
  • Are there any 'burdens' or restrictions in the titles that may affect me?
  • Are certificates of completion available for all alterations such
    as double glazing?
  • Are there any statutory notices of repair?
  • If repairs have already been agreed, you must be clear who pays. If the property shares elements (like the roof or stair) with another building, what proportion of the common repairs are you responsible for
  • Is the seller leaving carpets, curtains or white goods like fridge, freezer or cooker in the property as part of the price?

Contact Gregor Wightman on 01786 442571