Legal Factors you MUST Learn when Selling your House

28 April 2017
 Categories: , Blog


Many factors are involved in the process of selling your home. You might think of planting an advert sign on the front lawn to do the job yourself. You may also think of involving a real estate broker. Both of the two factors have pros and cons that must be considered. Besides selling the property, there are other legal factors that cannot be overlooked. All transactions have to be done by the book to avoid unexpected issues once the deal is done. Some factors involved in this case include land registry affairs, stamp duty payments, transfer of money during the house sale, legal advice and recommendations, drawing and assessing related contracts. Learn some legal concerns that will give you a smooth ride for a successful transfer process.

How to Sell the House

Your main concern is getting a buyer and selling your house to get your targeted amount. The question to address is; 'How do I sell my house?" selling the property may involve using an auction or private treaty. It is necessary you get the right guidance from auctioneers or other professional bodies in your local state on better ways to dispose your house. The best method in this case will depend on factors like the current state of the property market, the type of house being sold, the area, and many others. Make sure to notify your solicitor of any moves and plans of selling the property.

Is there an Active Mortgage?

The use of mortgage is common these days and most houses will have one. If your house has a mortgage, you need to authorise the solicitor to acquire title deeds from the lending institution to prepare the contracts and sale agreements. This should be done as early as possible to give your solicitor enough time to come up with a clear agreement between the parties involved.

Preparation of Contract for Sale

Once the solicitor receives all the relevant and legal documentation from your lending institution, they can proceed to draw up the contract. If contract for sale is being prepared for a house sale by auction, the purchaser and the purchase price are left blank until completion of the auction process. The contract contains all the names including the purchase price if the sale is by private treaty option.

Costs Involved

When selling your house, you may incur extra costs of auctioneer's fees, the solicitor's fees, and attorney's fees.


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