Which offer to accept?

20122013

RHemmings said:

BTW: This is the title register of this property, and hence publicly available information. I haven't posted private information. https://www.iamsold.co.uk/property/86b34873abc9442380bd5411566ba91a

Among the files I have received, two have a 'map' in it, one has the old hand drawn map, same as the one I was given when I had purchased this property. The second file looks like your attachment, I think is a modern version of the hand drawn version however, they have replaced the main street name with the name 'of our close', so I am confused. I am going back to my solicitor to say that nothing has changed in terms of land space has since I had purchased the property. 

Should I be relying on the solicitor to supply the correct information (ie the relevant paperwork etc) and I check it over? (and I will let them know if I see something which is not correct) sorry this may be a silly question. As the email says sign on x page etc and I do not understand what it is I am signing. When I asked I was told ' have you not got anyone to help you?'... ok I will send you via post and marked out where you need to sign..but that was not my question. .. This solicitor used to be patient but seem different now. 

20122013

Tiglet2 said:

1. Surely you are selling exactly the same 'area' as you bought using the same solicitor.  The EA can't help with this query, you need to speak to your solicitor.  Are you selling a leasehold with communal land?

Agree. I asked the EA so I can check they have not mistakenly told the buyer that  the piece of lawn / open garden area in front of my property gate belongs to me.  as this can cause the sell to fell through and I rather know now  than 2 months later.  (I will go back to my solicitor)

2.  Specifically, what forms? 

-  Official copy of the Register title

- The electronic official copy of the title plan (this contains the new version of the map)

-  Transfer part of the Freehold land (this contains the hand drawn version of the map)

-  A document (contains 8 Preliminary enquiries on my property  - not sure about some of the meaning of these questions  

- Law Society Property Information Form (4th edition 2020 – second revision)  <-- I had post a message about this before, as the EA said the buyer does not want any of the items, I was going to put a value next to some of the items but then decided to exclude all fixtures and non integrated washer and fridge / freezer and shed so I can get them removed so the property is ready if things changes and still meet the Completion date (as easy to find reliable tradesman at short notice to do odd jobs and heavier items)

3.  Forget about exchange and completion dates.  It will be a negotiation between you and the buyer only when the solicitors have completed the majority of the legal work.  So, you can suggest dates and they can suggest dates, but none of them will work unless the solicitors are ready.  The solicitor will request 10% deposit (or 5% if the lender has agreed) on exchange, the rest to be transferred in time for completion.

 Appreciate this very helpful to know 

The 8 questions in the document (contains 8 Preliminary enquiries on my property:

1. Please refer your clients to the title plan and request that they specifically confirm that it shows the full extent of the property which they intend to include in the sale.

 2. Please provide your clients with a copy of the covenants referred to in the title and in the deed dated dd/mm/yy and request they specifically confirm that they are not aware of any breach of those covenants or the restrictions on stipulations.

3. Please provide your clients with a copy of the right referred to in the title and in the deed dated 30 March 1983 and request they confirm whether they have had any issues exercising these rights.

Property Information Form

4. Has the seller ever received any disputes in relation to the boundaries.

5. Has the seller ever been asked to contribute financially to the upkeep of the boundaries.

6. Can the seller please fully complete sections 2, 3, 8, 11.4 and 11.5.  <--  I don't know what this is

7. Can the seller please sign the form. <-- I think this is the 'Law Society Property Information Form' which I will change where appropriate  to 'include' or 'none' (not worth selling individual items. as explained above)

 Other points

8. Has the property ever been burgled.

 

9. Has the seller ever experienced any issues of subsidence

RHemmings

20122013 said:

RHemmings said:

BTW: This is the title register of this property, and hence publicly available information. I haven't posted private information. https://www.iamsold.co.uk/property/86b34873abc9442380bd5411566ba91a

Among the files I have received, two have a 'map' in it, one has the old hand drawn map, same as the one I was given when I had purchased this property. The second file looks like your attachment, I think is a modern version of the hand drawn version however, they have replaced the main street name with the name 'of our close', so I am confused. I am going back to my solicitor to say that nothing has changed in terms of land space has since I had purchased the property. 

Should I be relying on the solicitor to supply the correct information (ie the relevant paperwork etc) and I check it over? (and I will let them know if I see something which is not correct) sorry this may be a silly question. As the email says sign on x page etc and I do not understand what it is I am signing. When I asked I was told ' have you not got anyone to help you?'... ok I will send you via post and marked out where you need to sign..but that was not my question. .. This solicitor used to be patient but seem different now. 

If I was in your position, I would download a copy of your title register from the Land Register and see what it looks like. Probably the same as what you have been supplied with, but in your situation I would check. If you have an older map with something different on it, the transfer document if I read your post correctly, then if this shows something different ... that's a strange situation. If you download a copy, it should cost you £7. Make sure that you're not on a ripoff site trying to charge you more. 

You should be able to rely on your solicitor to supply the correct information if they are competent. However, competency is never guaranteed. And, in your situation it appears that something is odd. 

20122013

Tiglet2 said:
3.  Forget about exchange and completion dates.  It will be a negotiation between you and the buyer only when the solicitors have completed the majority of the legal work.  So, you can suggest dates and they can suggest dates, but none of them will work unless the solicitors are ready.  The solicitor will request 10% deposit (or 5% if the lender has agreed) on exchange, the rest to be transferred in time for completion.

On the TA6 form 'Does the seller  have any special requirements about a moving date, If yes, please give details:'

From reading other posts about possible risk of losing the sell, would it be sensible to go with what the Buyer's suggest? ie exchange by end of July and complete a week after. I am trying to work out how to handle the building insurance  as it ends in end of July. so I would need to renew it for another year?

Tiglet2

20122013 said:

Tiglet2 said:

1. Surely you are selling exactly the same 'area' as you bought using the same solicitor.  The EA can't help with this query, you need to speak to your solicitor.  Are you selling a leasehold with communal land?

Agree. I asked the EA so I can check they have not mistakenly told the buyer that  the piece of lawn / open garden area in front of my property gate belongs to me.  as this can cause the sell to fell through and I rather know now  than 2 months later.  (I will go back to my solicitor)

The EA doesn't know.  If the piece of lawn doesn't belong to you it won't be shown within the red line outlining your land on the title plan and is not included in the sale.

2.  Specifically, what forms?  

-  Official copy of the Register title - Refer to Enquiries 2 and 3:   2.  Read the covenants in the Register Title and deed dated.... and confirm (yes or no) that you have not broken any of the covenants (rules).  If you answer 'yes', you will need to explain why.  3.  Read the 'right' in the title and the deed dated 30 March 1983 and confirm (yes or no)  whether you have had any problems using that right.  If you answer 'yes' you will need to explain why.

- The electronic official copy of the title plan (this contains the new version of the map)  Refers to Enquiry 1.  Does the title plan outline your land in its entirety and this is what you are selling?

-  Transfer part of the Freehold land (this contains the hand drawn version of the map)  Are the buyers trying to transfer the piece of lawn to themselves that doesn't belong to you? Have they marked the map with additional lines showing what they want included? 

-  A document (contains 8 Preliminary enquiries on my property  - not sure about some of the meaning of these questions  

- Law Society Property Information Form (4th edition 2020 – second revision)  <-- I had post a message about this before, as the EA said the buyer does not want any of the items, I was going to put a value next to some of the items but then decided to exclude all fixtures and non integrated washer and fridge / freezer and shed so I can get them removed so the property is ready if things changes and still meet the Completion date (as easy to find reliable tradesman at short notice to do odd jobs and heavier items)  If you haven't put values next to items such as the non-integrated washer and fridge/freezer, then the buyer won't know if they are included/not included/available to purchase.  So, either leave them for free or remove them before completion.  Or, put values on items available for the buyer to purchase.  You will need to return this form to your solicitor who will forward it to the buyer's solicitor as a revised version.

3.  Forget about exchange and completion dates.  It will be a negotiation between you and the buyer only when the solicitors have completed the majority of the legal work.  So, you can suggest dates and they can suggest dates, but none of them will work unless the solicitors are ready.  The solicitor will request 10% deposit (or 5% if the lender has agreed) on exchange, the rest to be transferred in time for completion.

 Appreciate this very helpful to know 

The 8 questions in the document (contains 8 Preliminary enquiries on my property:

1. Please refer your clients to the title plan and request that they specifically confirm that it shows the full extent of the property which they intend to include in the sale. You must look at the title plan and say yes or no that the red outline matches the boundaries of your land and this is what you are selling.

 2. Please provide your clients with a copy of the covenants referred to in the title and in the deed dated dd/mm/yy and request they specifically confirm that they are not aware of any breach of those covenants or the restrictions on stipulations.  As above, read the covenants and say yes or no that you have not broken any rules (to your knowledge)

3. Please provide your clients with a copy of the right referred to in the title and in the deed dated 30 March 1983 and request they confirm whether they have had any issues exercising these rights.  As above, read the covenant and say yes or no to any problems using the right

Property Information Form

4. Has the seller ever received any disputes in relation to the boundaries.  Answer yes or no.  Have you had any arguments with anyone over a boundary or communication from anyone regarding a boundary?  Only answer yes, if the dispute/argument has escalated into written documented evidence.

5. Has the seller ever been asked to contribute financially to the upkeep of the boundaries.  Have you ever paid money towards the maintenance of fencing/pathways, communal areas etc?

6. Can the seller please fully complete sections 2, 3, 8, 11.4 and 11.5.  <--  I don't know what this is    This refers to the Property Information Form that they sent you.  You didn't answer these questions, so please answer the questions and send the form back.

7. Can the seller please sign the form. <-- I think this is the 'Law Society Property Information Form' which I will change where appropriate  to 'include' or 'none' (not worth selling individual items. as explained above)  You didn't sign the form at the end.  Please sign it and return the form.

 Other points

8. Has the property ever been burgled.  Yes or no.  If you answer yes, you will need to explain why.  If no, you can answer 'Not as far as I am aware and not during my ownership of the property.

 

9. Has the seller ever experienced any issues of subsidence  Yes or no.  Has the property been underpinned or had work to repair cracks in the brickwork as far as you are aware?  If yes, you will need to explain in more detail with paperwork.

Suggestions are in bold above.  This is the 'enquiry' stage where the buyers and their solicitor ask you questions about the property.  Your solicitor can't answer these questions as they don't know the property.  If you want to learn about the sale process, there will be a guide on your solicitor's website and I suggest you read it.

Tiglet2

20122013 said:

Tiglet2 said:
3.  Forget about exchange and completion dates.  It will be a negotiation between you and the buyer only when the solicitors have completed the majority of the legal work.  So, you can suggest dates and they can suggest dates, but none of them will work unless the solicitors are ready.  The solicitor will request 10% deposit (or 5% if the lender has agreed) on exchange, the rest to be transferred in time for completion.

On the TA6 form 'Does the seller  have any special requirements about a moving date, If yes, please give details:'

From reading other posts about possible risk of losing the sell, would it be sensible to go with what the Buyer's suggest? ie exchange by end of July and complete a week after. I am trying to work out how to handle the building insurance  as it ends in end of July. so I would need to renew it for another year?

It is a suggestion only.  There will be no completion date until the solicitor's are ready, i.e. the conveyancing work is almost completed.  You will need to continue to pay for bills as they come in.  There may be an apportionment of these, depending on completion dates and what you've paid up front for.

20122013

I was not expecting to be out of the country when the Exchange and  Completion take place (estimate around 8 weeks time) For some reason, I think I need to be in the country,  is this the case? I am sure lots of sellers have sold their property overseas but I think the country I will visiting with have limited access to the internet.  

RAS

How are you going to manage the removals if you are not in the country?

20122013

RAS said:

How are you going to manage the removals if you are not in the country?

Property is vacant. The seller 'now' does not want the white goods and 'would not mind' the new shed. I will have them  all remove including the shed this week. I  am reluctant in case the sell does not go through, as the listing shows the white goods and shed. 

Herzlos

What are you doing with the white goods and the shed? I'd be inclined to just leave them in and let the buyer keep the shed in exchange for dealing with the white goods. Ideally arranging a charity to collect them. 

Assuming you've co-ordinated with your solicitor and provided them with the keys already, I don't think there's any reason for you to be in the country when the sale happens.