How to make the legalities of selling your home easy?
Posted on 17th January 2020 at 17:34
It pays to look at the paperwork when selling your house, at an early stage, so not to delay the sale. Here is an overview of what documents are needed to sell your house.
1. Proof of Identity
When you instruct a Solicitor to buy or sell a house they will always ask for proof of your identity and address. Documents used are normally passport, licence and utility bills, change of name deed, marriage certificate, birth certificates if property is in pre-names.
2. Obtain your title deeds
If the deeds are held in storage at a Bank or Solicitors you will need to send them an authority, so the deeds can be sent to your Solicitors appointed for the sale of your house. If you are holding the deeds, it is worthwhile to send these to your sale Solicitor, at an early stage, so they can be checked.
There may be contained, with your deeds, details of indemnity insurances or guarantees and warranties and your Solicitor will need these.
3. Property Information Form (PIF) -TA6
The PIF is a form filled out by the Seller of a property. It is a standard form with a series of questions relating to the property. This form will be supplied to you by your Solicitor.
This form needs to be accurate and truthful.
The form covers many issues ranging from responsibility of boundaries and works carried out to the property.
Copies of any building reports, planning, guarantees and warranties will need to be supplied with the form.
4. Leasehold Information Form (LPE1) TA7
This form is supplied by your Solicitors. It contains information. It is a standard form and asks a series of questions specific to leasehold properties. A Seller may not have all the information or documents referred to and a set of enquiries on an LEP1 will be raised with the Landlord and/or Managing Agents.
5. Fixtures Form TA10
This form will be supplied to you by your Solicitor. It is a list of the fixtures and fittings included in the sale price. There is space on the form to indicate any items you are selling to the Buyer and the agreed price. You may wish to complete the form once you have negotiated a sale with a Buyer. The form will form part of the contract of sale of the property so you will be legally bound to include the items you have indicated on the form
6. Mortgage details
Your Solicitors will need information of the current mortgages or charges registered on the property and the amount owing. Your Solicitors will, at an early stage of the sale, apply for a redemption statement, ie the total amount owing to the Lender which will include any penalties and interest and fees.
If you have what is called negative equity in your home you will need to discuss with your Solicitors and let them have the appropriate paperwork detailing the amount the Lender has agreed to take.
7. Occupiers consent
It is worth noting that any occupiers of the property who are not legal owners will need to consent to the sale and may be requires to sign a contract agreeing to the sale of the property and agreeing to vacate the property on completion.
8. Consent of Joint proprietors
If the property is registered at the Land Registry in joint names then all the legal owners will be required to sign a contact and transfer to sell the property. If money is to be paid to a joint owner then your Solicitors will want the details of the joint owner and the amounts. Joint owners can instruct the same Solicitor is certain circumstances provided that the sale is agreed and there is no conflict of interest.
If a joint owner has died then your Solicitor will need the death certificate and/probate of the deceased.
It is a legal requirement to have a valid EPC when a building is sold, rented or constructed. Your EPC needs to be available to potential Buyers as soon as you start to market the property for sale. Your Estate Agent will be able to organise this for you.
An EPC is valid for 10 years and can be used multiple times during this period.
Contact our team on 0113 2007480.
Tagged as: Residential Conveyancing
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