A Solicitor's Guide To Why House Purchase Takes So Long

Property transactions can take a surprisingly long time

, which can be very frustrating for a buyer. This article provides some simple tips on how to speed up the purchasing process and how to cope with the delays.

It is this initial delay in receiving a structural report which sets the whole purchase behind target - especially when they need a full structural survey. Such surveys are complex involving often a very full inspection of the property and take some time to write and prepare. Matters are often delayed further when a buyer refuses to instruct a solicitor until they receive the results of a full structural survey - often rushed through to avoid further unnecessary legal fees.

Searches on the property should not cause too much delay - the normal time in which a search result is returned is 10 days, but can be less. Searches are normally one of the first things that a property solicitor will apply for.

Often before the solicitor even starts to apply for searches, they will need both to confirm the clients identity and to receive back confirmation of terms of engagement - a requirement from the Government and Solicitors Regulation Authority which the solicitor needs to comply with before he can start working for his client. Ensuring that you provide your solicitor with proof of your identity - promptly returning a signed client care letter should also make sure things get off to a good start.

Another factor which has been particularly problematic given the recent economic climate is the issue of the buyers mortgage offer. Banks have become much tighter about to whom and when they lend and it is far from uncommon for mortgage offers to be withdrawn partway through the transaction - for reasons remarkable as the bank deciding that a particular mortgage product should now be withdrawn. This can be exasperated by the administrative processes of some banks.

Difficult legal problems regarding the property can often cause further delays. This is perhaps more common with unregistered property when it is only on detailed examination by an experienced property solicitor of title deeds that problems emerge. A problem like this will probably need to be corrected which can cause more delays. An example of this is a house which should have a legal right of way over a neighbouring property but where the title deeds don't mention it - this will perhaps require the neighbour being approached to correct this anomaly.

Other legal issues which can cause delay include the availability of both building regulation approval and correct planning permission. Chasing up the correct paperwork, however slow and irritating, is without doubt a necessary part of a responsible solicitors work.

One simple tip to potentially speed up any property transaction is to make sure that there is regular communication between solicitor and client. Most queries can be dealt with by email - make sure therefore you have a solicitor who routinely uses email as their usual method of communication and make sure that you get back to a solicitor promptly with any answers to their queries.

Finally in any property transaction, it is always best to appoint specialist property solicitors and to avoid those solicitors who seem to dabble in many areas of law.

Large parts of any property transaction, whether involving leasehold or freehold property, are relatively routine and specialist property solicitors, using dedicated case management systems, is likely to be in the best position to complete any sale as soon as is reasonably possible.

by: Tim Bishop

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