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If you need help with paperwork relating to the sale of a residential property, please contact Myerson Solicitors on:
On average, the sale process can take 8-12 weeks.
However, the transaction can be prolonged if your paperwork is disorganised.
To avoid frustrating delays, you should ensure that your affairs are in order before you put your residential property on the market.
To assist you, we have outlined a non-exhaustive list of documentation below that you should have at your fingertips when selling your home.
(1) Memorandum of Sale
This will outline the key details of the transaction, namely the property address, the parties’ names, their solicitors’ email addresses and the sale price.
(2) Compliance documents
Regardless of whether you are the registered proprietor of the property or have the right to sell it on behalf of the Seller, you must verify your identification.
At Myerson, we use an online provider to enable the verification process to be completed easily from home using a smartphone, tablet or laptop with a camera.
To assist you with the onboarding process, we recommend having an up-to-date form of identification and proof of address (for example, a utility or council tax bill dated within the last three months) in hand.
If you are not the registered owner of the property, you must also prove that you have the right to sell it, for example, by providing a Grant of Probate, Letters of Administration or Power of Attorney.
(3) Land Registry Title documents
Do you still have your old deeds in your filing cabinet? If so, pass them to your solicitor at the outset of the transaction.
Your title deeds prove that you are the registered proprietor of the property and reveal other essential information, such as rights of way.
Whilst it is likely that the above information will be stored centrally with the HM Land Registry, you cannot be certain.
It is believed that 15% of land in England and Wales remains unregistered. Therefore, your title deeds are essential to establishing the chain of ownership.
(4) Completed protocol forms
Depending on whether your property is freehold or leasehold, your solicitor will ask you to complete the following three forms:
- Property Information Form (TA6) – The purpose of this form is to provide your buyer with information about your property and its utilities.
- Fittings and Contents Form (TA10) – The purpose of this form is to confirm which items will be included and excluded from the sale of your property
- Leasehold Information Form (TA7) – This form only needs to be completed if you are selling a leasehold property. It will provide your buyer with details about your leasehold interest, such as service charges.
Please note that the above forms have just been updated, and we intend to explore the changes in our next blog.
Our best advice? Read the Explanatory Notes carefully and then answer each question to the best of your knowledge.
To avoid unnecessary delays to the transaction, you must return the completed forms to your solicitor promptly.
(5) Energy Performance Certificate
In short, you must have one to sell your property.
Energy Performance Certificates are valid for ten years from the date of issue. A quick search of the EPC register will reveal whether you have a valid certificate or if it has expired.
If you need to instruct an accredited assessor to carry out an energy assessment.
(6) Guarantees/ Warranties
No property is perfect. Whether you have had to treat damp or Japanese knotweed, you must disclose this to the buyer and forward any receipts or guarantees for the works undertaken.
Transparency will facilitate a smoother transaction.
In addition, if you have disclosed in the TA10 that you will be leaving white goods on the property, you must check whether the warranties are transferable to your buyer.
(7) Service records
It is highly likely that your buyer will request copies of your recent service records for your boiler and any electrical works on the property.
To be one step ahead, dig out your paperwork and forward it to your solicitor in date order.
This will instil faith in your buyer that the property has been looked after during your period of ownership.
(8) FENSA Certificate
If you have replaced your windows during your period of ownership, you will have been provided with a FENSA Certificate.
This document confirms that the alterations comply with building regulations.
(9) Planning permission consent and building regulations certificates
If you have made any alterations or extensions to the property, the buyer’s solicitor will request evidence that the works were compliant with building regulations and that planning permission was granted.
To front-load the transaction, pass all of your certificates to your solicitor at the beginning.
Likewise, if you are aware of a missing certificate or if permission was not granted for any works, you should disclose this to your solicitor without delay.
(10) Other ‘material information’
Whilst it is impossible to anticipate all potential ‘obstacles’ in your transaction, you have a duty to disclose all ‘material information’ to the buyer.
In other words, any factors which may have a significant impact on whether they wish to purchase the property at the agreed price.
Take time to reflect upon any events that have taken place during your period of ownership, for example, a boundary dispute or a flood, and provide any accompanying documentation.
Conclusion
Selling your home is undoubtedly a daunting process.
However, by following the non-exhaustive list of paperwork above, you can minimise the risk of any potential delays to the transaction.