How to: Go from offer to completion
There is, as the saying goes, 'many a slip 'twixt cup and lip'
and just because you put in an offer on a property, it doesn't
necessarily follow that the path to completion will be completely
smooth
You've worked out your budgets, targeted your
area of choice and done your homework on the local amenities. After
much searching, you've found the place of your dreams. You may feel
exhausted and relieved - but now comes the tricky bit - steering
the deal through from offer to completion of contract when the keys
of your new home are placed in your trembling hands.
Making your offer
Make your offer to the vendor, in writing, via the estate agent
and ask the vendor to accept it, in writing, in a letter or email
sent direct to you or your solicitor if you have already engaged
one. Make it clear that your offer is subject to valuation and
mortgage offer. Once they have agreed the price, ask the vendor to
instruct the estate agent to take the property off the market.
Vendors will usually do this if you have offered the asking price
but are not obliged to by law and, in a buoyant market, they may be
hoping for a better offer which will gazump yours. You can make
your offer conditional on them withdrawing the property for sale,
but again, the vendor may give you a time line of one month before
they put the house back on the market. Experienced vendors know
that not all buyers or their solicitors are efficient and they do
not want to be waiting six months later for you to get your
paperwork and mortgage offer together. After a month, they
can see your level of commitment to pushing the deal through and
will most likely keep the property off the market. It is possible
to put down a small deposit to 'hold' the property to avoid
competitive bids, while you apply for a mortgage. Acording to the
agreement you draw up, the amount can be wholly or partly refunded
if you cannot get a mortgage offer in a specified time.
Waiting for the valuation and survey
Keep a document wallet with all your relevant paperwork to hand
so that nothing goes missing at any time. When you apply to a
building society for a mortgage on the property they will need to
send a surveyor to ensure that your chosen property is in good
order and, based on an assessment of the property's value, worthy
of their loan. A common mistake that FTBs make is to offer the
asking price when they see a home that they can afford and that
seems ideal. It is wise to never show the vendor how much you like
the property as this gives them a psychological advantage. If they
know you have fallen in love with their home, they are not
motivated to drop the price, thinking that you will do your utmost
to meet it. If the surveyor's valuation says that the property is
not worth what you proposed to pay for it, the mortgage company
will not loan the money. Many vendors withdraw property from the
market when this happens in order to reassess their options. They
may have been persuaded to put the home up for sale by greedy
estate agents who have overvalued it in order to get their
business. Part of your research should be to find out what similar
or identical properties sold for in the same street. You can do
this by checking the land registry online: such information is a
public record. If the property is old, or needs repair, it is wise
to engage your own surveyor to look inside the home in detail for
damp, dry rot, roof or subsidence problems to gauge how much of
your budget will need to be spent on immediate repairs. Here you
can re-negotiate the price if the buyer will not make the repairs
themselves.
After the survey
Once you have a solid offer from a lender and you know exactly
what your mortgage outgoings will be, if you have not already done
so, engage a solicitor or conveyancing agent to co-ordinate the
deal. Conveyancing fees vary between £650-£1200 depending on the
area in the UK and whether the property is brand new or old. Local
authority searches are necessary to ensure that your utility
supplies are correct and accounted for and that there are no major
polluted sites or proposed road works planned through your area
which may devalue the property. This entire process has been
speeded up by the introduction of the Home Information Pack
document which the vendor must provide before selling, documenting
these searches. It is paid for by the vendor. Your agent will also
liaise with your vendor's solicitor to ascertain what fixtures and
fittings are being left as part of the price and the vendor must
sign to verify this is so. Some wily vendors remove the light
bulbs, curtains and the toilet roll holders as well as the fridge
and washing machine, leaving your apartment bare.
The solicitor will also ask if there are any guarantees or
warrantees on items such as the boiler, damp coursing work, roof
repairs etc. Make sure you visit the property more than twice to
fully understand what is required. Do not be put off by a vendor
saying they are unavailable for site visits; insist that the agent
takes you round as many times as you will need.
Once the HIP document is verified and any other searches
are done
This is a time of waiting and worrying as many a deal has fallen
through at this stage. Constantly phoning your conveyancer will
keep them on their toes and allow you to monitor the deal's
progress. Your vendor may also be trying to buy at the same time as
they sell and this will add pressure as you become part of a chain.
Chain collapse saw over 40% of all deals fall through between 2001
and 2006. When deals collapse, you are still liable to pay for
solicitors, some administration fees, search fees and any surveyor
you may have engaged. There is no law in England which says the
buyer, having agreed a price, must continue to completion. A buyer
may withdraw a house for sale at any time up to exchange of
contracts without incurring a penalty or may up the price.
Exchanging the contract
Finally, the big day! To exchange you will need to have a 10%
deposit in place from your lender. This is released to your
solicitor who will send it by secure transaction to your vendor's
solicitor whereupon you will be liable to forfeit the monies if you
cannot complete the transaction in the specified time - usually two
weeks.
From the moment you sign this document you are legally bound to
buy the property and the vendor is bound to sell it to you. A
change of mind can result in lost deposits or fines. Now comes the
real nail-biting. The snags that worried you may have been ironed
out but often the vendor will not let you back into the house until
the completion of contract. Agents like to keep vendor and buyer
separate in case they do deals behind agents' backs and cut out the
agent altogether. You now have to sign an agreement with an agent
not to do this but it is advisable, once your 10% has secured the
property, to be able to telephone the vendor directly in case there
are further questions you may have. Insist on direct contact. You
may need to discuss details such as keys to garden sheds, communal
post boxes, water stopcock positions etc. You will not be able to
access the vendor if they have sold up and gone to Australia for
example, so prepare a list of questions starting in the loft and
working through to the basement. Where are the gas mains? When is
the rubbish collected? Are there any ongoing disputes about fences
or overhanging trees?
If there is a serious illness to either party, this can delay or
postpone the completion and standard contracts will have clauses to
cover such an eventuality. Read the small print in every document.
If you find these details confusing or difficult, have someone read
the document out aloud to you and take notes where necessary with
any queries.
Completion day!
The final phone call comes through that you are the proud legal
owner of your new home (subject to you keeping up the mortgage
payments of course!).The agent will give you the keys so whatever
you do, make sure you have a hook from which to hang them while
unloading your goods. Many a completion day has been marred by new
owners losing the keys to their new castle.
Now you're in, the most important decision, after you've glugged
back that glass of Champagne, is what colour to paint the bedroom.
That's when the real difficulties arise. He wants blue, you want
lilac; he likes grey, you favour pink. Why didn't you think to
discuss this before moving? The entire house-buying process now
seems easier than agreeing on Chinese white versus honey beige!
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