Updated: October 12, 2018

Clacton On Sea conveyancing solicitor fees

No Move, No Fee conveyancing in Clacton On Sea

Conveyancing solicitor fees are the charges you pay to your Clacton On Sea conveyancing solicitor for the legal work for a home sale or purchase.

How are Clacton On Sea conveyancing fees calculated?

Quittance's conveyancing solicitors work on a fixed No Sale, No Fee conveyancing basis with no hidden extras, unlike some other conveyancing solicitors in Clacton On Sea who offer services on a price per hour basis. Your quote will set out what you will pay when your property transaction has completed.

Are there any other costs?

You must cover the cost of any 'disbursements', in addition to conveyancing solicitor fees.

Disbursements are fees, costs or taxes the conveyancing solicitor will have to pay to other organisations as part of the house-buying and selling process. These include costs like indemnity insurance or Stamp Duty Land Tax (SDLT).

See: A guide to all conveyancing fees

How much will the total Clacton On Sea solicitor conveyancing fees be?

While conveyancing fees in Clacton On Sea will be the same as anywhere else in the country, there can be variation in the disbursements required. As examples, specific extra searches, e.g. transport searches, may be necessary and council search fees will vary.

With Quittance, there are no hidden costs or nasty surprises. For a standard sale or purchase, what we quote is the fee you pay. To calculate your conveyancing fees, try our conveyancing fees quote calculator: Click here

Quittance's fees were cheaper - less than half the Estate Agent's recommended solicitor's fees

Conveyancing - Buying a property in Clacton On Sea

Caveat emptor, (Latin for "let the buyer beware"), was a fundamental principle of English property law. After the introduction of the Consumer Trading Regulations (CPR), this rule no longer applies. However, it remains the responsibility of a homebuyer and their solicitor to undertake due diligence on the property to be purchased.

The Clacton On Sea conveyancing solicitor will make recommendations following their enquiries, assist in resolving any issues and confirm that the Land Registry's record of the property is updated.

This part of the article discusses elements of the legal process for conveyancing solicitors in Clacton On Sea requiring a deeper level of knowledge.

Your Clacton On Sea conveyancing solicitor must be lender-approved

There are around 100 UK lenders, from a major lender such as Lloyds Bank, to a niche mortgage lender like Topaz Finance. Before appointing a conveyancing solicitor in Clacton On Sea, you must confirm that they can act on behalf of your lender.

Your conveyancer may be unable to act for your lender, because some banks and building societies are only prepared to work with a restricted group of legal practices that pass strict standards.

Under these circumstances, the lender will likely require an alternative law firm to carry out the legal work, and you will usually need to pay this substitute solicitor's fees. This can mean the process takes much longer.

Serious delays can occur if you fail to check your property lawyer's lender panel status.

Our solicitors can act on behalf of all mortgage lenders.

Searches (Tendring District Council)

Property searches are questions submitted to a number of authorities by Clacton On Sea conveyancing solicitors to identify information and potential issues affecting your new home.

These searches include the local authority (LA) search, drainage & water search, environmental search and chancel repair liability.

Further searches, such as a radon gas search or a more detailed environmental report, may also be referred to subject to the outcome of the initial searches.

Tendring District Council has an approximate lead time of 13 weeks for Local Authority searches, so your conveyancer will instead use a quicker local search agent.

Planning permissions

Your conveyancing solicitor will get official entries from HMLR, assisting with the identification of planning issues, for example the title plan showing only very general boundaries or that a restrictive covenant has been breached.

Tendring District Council Council Tax

Tendring District Council calculate your council tax based on various criteria e.g. the property's whereabouts and the value of the property. E.g. the occupier of a Valuation Band C home in the Tendring District Council area would pay annual council tax of £1,476.

Conveyancing solicitors in Clacton On Sea will inform the buyer of the property's band once they are made aware.

If the property is unoccupied for 2 years or more, an additional premium of 50% may be applied to the council tax. Single person discount (25%) would reduce the tax due to £1,107.

Other discounts and exemptions could also apply, for example a 10% discount for second homes (although this may change as the government has second home ownership in its sights) or if the property is owned by a charity and is unoccupied. The Valuation Office Agency (VOA) work out council tax bands for newly-built homes, and where the owner has requested a revaluation.

Band Tendring District Council Tax (2018)
A £1,107
B £1,291
C £1,476
D £1,660
E £2,029
F £2,398
G £2,767
H £3,320

The Valuation Office Agency (VOA) should reassess a property's band on request. Contact the VOA for more information on how to challenge your tax band:

Valuation Office Agency
34 Southway
Colchester
CO2 7BB
Essex

Stamp Duty on Clacton On Sea properties

If a property is valued at over £125k, the buyer usually must pay SDLT. The normal process is for the conveyancing solicitor to complete the stamp duty administration. Buyers can complete the SDLT1 themselves but it is not recommended due to the complexity of the form and because there may be penalties for underpayment.

Quittance Conveyancing's investment in the latest online case management system means that HMRC filing complications and objections are a thing of the past.

See Stamp Duty Land Tax examples for homes in Clacton On Sea:

  Average selling price (2017) Stamp Duty
Average price £224,688 £1,993.76
Average price (detached) £272,513 £3,625.65
Average new build £329,248 £6,462.40

Stamp duty relief for first-time buyers in Clacton On Sea

In November 2017, it was announced that first-time buyers would be exempt from paying stamp duty on homes below £300k. Since 1st April 2016, buyers of second homes are subject to a 3% SDLT surcharge, even if the property is not rented out. For example, if a homeowner bought a second property in Clacton On Sea for the average price of £224,688 the stamp duty would be £11,234.40.

Clacton On Sea conveyancing solicitors should ensure the correct calculation is made.

Buying a flat? Leasehold conveyancing in Clacton On Sea

New build site

It can be risky to buy a leasehold home if you are unaware of the facts. The many potential problems lying in wait for an uninformed purchaser include:

  • sub-letting restrictions
  • unreasonable ground rents
  • costly and undisclosed major works
  • marriage value issues
Serious consequences can result from a less-experienced solicitor's inaccurate leasehold advice.

If you intend to purchase a house or flat with a lease, a expert conveyancing solicitor in Clacton On Sea will address aspects of leasehold, for example :

  • reviewing the lease
  • dealing with freeholders and managing agents
  • service charges for relevant date periods
  • type of leasehold (i.e. flat/shared ownership/long leasehold house)
  • residents? management company

Ensure that you are fully-informed regarding your decision to buy a leasehold property with our team of leasehold conveyancing solicitors.

Buying a 'New Build' property in Clacton On Sea?

New build site

65 new build houses and flats were purchased in Clacton On Sea last year, according to the HM Land Registry. The average cost of Clacton On Sea new build property is £329,248.

Acquiring a new build home is more involved than any other type of conveyancing. Therefore a Clacton On Sea conveyancing solicitor must be mindful of Clacton On Sea-specific factors and must check numerous things, including dealing with lender conditions and confirming building regulation compliance.

Quittance Conveyancing deliver an impartial appraisal of the legal title of the property, with a close eye on considerations like the home's future marketability and possible freehold acquisition traps.

Conservation areas in Essex

Moving into a street located in a conservation area can ensure the local character is unlikely to change. However, conservation area conditions will affect your residential property.

These restrictions can include:

  • Restrictions on door and window styles
  • Restrictions preventing paving over the front garden
  • A prohibition on extensions (even if within Permitted Development rights)

The new owner could be ordered to pay for necessary changes to bring a property in line with current regulations, even if the changes were made by the previous owner.

Your conveyancing solicitor will address whether your planned purchase is located one of Clacton On Sea's conservation areas.

Conveyancing - Selling a property in Clacton On Sea

Conveyancing for a property sale is much simpler than when buying. When property changes hands, the principle of 'buyer beware' means that the onus lies with the purchaser to validate that the property they are buying is legally sound.

With a sale, conveyancing solicitors in Clacton On Sea acting for the seller just answer the buyer's questions.

How to minimise the risk of your sale falling through

Properties will frequently have possible complications (e.g. issues with neighbours' rights over the property or a complex 'Green Deal') that can prolong your move.

Don't shy away from finding a solution, waiting to see if the problem is discovered - speak to an expert instead and work to resolve it as soon as you can.

Useful reading:

Read more conveyancing advice for sellers.

Selling a leasehold property

The conveyancing process for a leasehold flat (leasehold houses are uncommon) is much more involved than for a more straightforward freehold house.

The complex nature of leasehold property means that conveyancing solicitors in Clacton On Sea must undertake additional legal work. This can involve collating an up-to-date service charge statement or a copy of any health and safety assessment for the common parts.

Experienced sellers will find a lawyer as soon as possible to reduce delays associated with leasehold property. Some Managing agents are painfully slow to respond.

Can your conveyancing solicitors act for both sides?

Conveyancers regulated by the Council for Licenced Conveyancers can act for both parties. However, SRA rules restrict the same conveyancing solicitor from acting on both sides in a property sale and purchase.

You may wish to contact a law firm in Clacton On Sea to undertake your legal work, if a Quittance conveyancing solicitor is acting for the other side.

Local Clacton On Sea conveyancing solicitor directory

  • Rhodda & Co LLP, Chancery Chambers, 89 Rosemary Road West, Clacton On Sea, Essex, CO15 1EP

Conveyancing - Remortgaging a property in Clacton On Sea

By far the most common reason homeowners remortgage is to get a better interest rate. There are other reasons to switch lenders or mortgage deals, such as the current mortgage deal coming to an end, or releasing capital.

An efficient conveyancing solicitor in Clacton On Sea will complete the conveyancing quickly, perhaps saving you from a payment or two at your old rate. With the base rate now at 0.5% (May 2018), fast conveyancing can be a crucial factor in getting the mortgage rate you want.

A property lawyer will act for both you and the bank or building society to ensure the lender's capital is protected.

Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.

Read more about this Quittance Legal Expert

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