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16 Cards in this Set

  • Front
  • Back

Who send the contract Pack at beginning of transaction?

Sellers solicitor

What two things does sellers solicitor do at beginning of transaction after taking instructions from their client?

1. Check over the title deeds



2. Send contract Pack, including title deeds, contract, prop info to buyers solicitor

Will the buyers solicitor raise any queries regarding the title if necessary?



And if so what are they called?

Yes



They're called requisitions

What three things will the buyers solicitor check before going ahead with exchange?

1.that funding is in place



2. That all search and enquiries are answered and satisfactory



3. The contract terms

Before exchange of contracts, what is it common to see on correspondence?

STC



Subject to contract

Is there really any legal requirement for you to write STC on correspondence anymore?



If not why not?

No



Prior to 1989 it was used to prevent a contract being entered into by accident (whether verbal or written) but in 1989 the law changed to prevent this possibility. So it's no longer necessary.

Pre-completion stage:



What is the form called that confirms:



Where keys will be left



How much money is due on completion



Where completion will take place



(And who is this form sent by and at what point?)


Requisitions on title



Sent by buyers solicitor, at exchange with draft TR1 - sellers solicitor answers all questions on requisitions on title and confirms draft TR1

Pre-completion stage:



What happens when the sellers solicitors receive and approve the draft TR1?

The seller signs it in readiness for completion.

Pre-completion stage:



What must the buyers solicitor ensure with regard to their clients purchase funds?



And what must happen if there's a mortgage?

They must make sure client has correct funds in place.



If there's a mortgage then client must sign mortgage deed.

Pre-completion stage :



At this stage, what 2 things will both solicitors send to their clients?



1. A bill



2. A financial statement

Pre-completion stage :



What will the buyers solicitor check again at this stage?

That there have been no additional entries made on the register (ie an additional mortgage etc)

Completion:



Which 2 exchanges happen at completion?

1. Buyers solicitor sends money to sellers solicitor



2. Sellers solicitor hand over title docs (ie TR1) and keys

Does completion happen by post or in person at the selling solicitors office?



Or can it happen either way?

It can happen either way

Post completion:



What 2 responsibilities does the buyers solicitor have post completion with regard to Hmrc and LR?

File and pay sdlt with Hmrc



Register transaction with LR

Post completion:



When the buyers solicitor is registering the transaction with LR, what other responsibility will they have with the LR, IF the other party was unrepresented?

They will have to supply the LR with proof of that other party's identification.

Post completion, both solicitors will make sure that...

Their accounts are clear (ie clients have paid)



And then they'll close the account



(retaining files in safe place incase any later queries)