> BUYING & SELLING PROPERTY
TIPS AND ADVICE
The conveyancing solicitors at our Brighton branch are experts in dealing with all aspects of buying and selling your residential property
Our property solicitors in Brighton & Hove are ready to help you with all the legal issues related to your home. From sale or purchase of freehold and leasehold properties to re-mortgages, equity transfers, and agreed lease extensions, we’re here to guide you through a smooth and problem-free transaction.
Of course, we understand how difficult it can be to find a conveyancing solicitor who suits you. With so many alternatives available, you need to take your time and find the right firm to work with.
Relax knowing that you’re in good hands with Cunningtons conveyancing solicitors. You can be reassured to know that we are regulated by the Solicitor’s Regulation Authority (SRA), we’re a member of the Conveyancing Quality Scheme, and we’ve been handling property transactions for more than 250 years.
Why do I need solicitors for my conveyancing?
For your property transaction in England or Wales to be legal, you need to ‘conveyance’ it; this is true if you are buying, selling, or merely remortgaging. Conveyancing is the legal transfer of property between parties, and residential conveyancing refers to the process when the transferred property is a private home, rather than a commercial property.
Unless you’re planning on becoming a professional conveyancer, it’s generally much simpler to hire someone who is an expert in the field. The conveyancing solicitor will be your primary contact throughout the process, providing expert conveyancing services during the home moving process, including dealing with Stamp Duty Land Tax (SDLT), searches, the Land Registry, legal fees, and any difficulties caused by the local authority.
Conveyancing online, or face-to-face?
Choosing a reputable local firm of Brighton & Hove conveyancing solicitors like Cunningtons LLP means that you will know who you are dealing with. You will be working with just one solicitor, and if you haven’t met them in person at the Duke St office in Brighton, you will at least know them to speak to on the phone. And you don’t get much more certainty than dealing with a branch that won the ESTAS gold award for conveyancing in the South East of England!
Having just one property solicitor to deal with – like you do at Cunningons – helps smooth the transaction and gives you peace of mind, knowing that a conveyancing professional is looking out for your best interests. We are talking about your home, after all.
However, if you choose to go online for your conveyancing it’s a different matter. You will not meet your conveyancer, which may work fine – but if there is a problem, it’s much easier to deal with a conveyancing solicitor you know, and who knows you.
Order your conveyancing quote from Cunningtons solicitors in Brighton & Hove.
Brighton conveyancing solicitor – if you’re buying, selling or remortgaging
Your conveyancing quote from Cunningtons differs according to whether you are purchasing, selling, or remortgaging a property, and if that property is freehold or leasehold.
Your conveyancing quotation will be what you pay – that’s why we call it a ‘fixed-fee quotation’.
Get A Quote
Click here to order your quote from our residential conveyancing solicitors
Conveyancing for Buying Property
When you buy residential property in England and Wales, it needs to be conveyanced – which is where your conveyancing solicitor comes in.
Ask us for a conveyancing quote for your legal fees, and once you’ve agreed, the process for purchasing your property begins. We contact your seller’s conveyancing solicitors to verify the property’s title deeds, then we run conveyancing searches, contact your mortgage company to confirm that all the money is in the right place, and get back to you with the documents you legally need to sign.
Then when you have exchanged contracts, we:
- ensure the deposit money is in the right account,
- get all the completion papers and statements ready,
- send the certificate of title to your lender,
- ensure that all the search information has been received,
- and then make sure that the funds from your mortgage firm are paid into the correct bank account.
When we approach completion day, we:
- check that all the money is with the seller’s solicitors, in exchange for the property deeds and documents,
- resolve the account with you,
- pay over your stamp duty land tax (SDLT),
- and register you as the property’s new owner with the Land Registry.
For more information on what your conveyancing solicitor does during the buying part of the conveyancing process, click here.
Conveyancing for Selling Property
When you are selling your home, the conveyancing process is slightly simpler, although the legal side is equally important. Once again, you begin by asking Cunningtons for a fixed-fee conveyancing quote.
When you have agreed to our legal fees quotation and signed up with Cunningtons Brighton as your conveyancing solicitors:
- the mortgage company sends us your title deeds and a statement of the amount you still owe for your property.
- Your buyer’s solicitor then checks with us for any further information they need.
- We get a sale contract ready, adding in any preferred completion dates – this leads to the Exchange of Contracts.
- Your buyer then pays the deposit money into our solicitor account,
- so that we can get a statement from your mortgage company.
- As your conveyancing solicitors, we then receive the money we need to pay your estate agent’s commission fee, and this is all accounted for in your financial statement.
Finally, after Completion, we:
- pay the money received from your property sale to you, your estate agent, and your mortgage company;
- arrange for your estate agent to hand over the keys to your property’s new owner;
- send you any remaining money, as well as a statement detailing all the expenses of your sale;
- send over the title deeds to your buyer’s solicitors. You have now sold your property.
For more information on the selling part of the conveyancing process, click here.
Conveyancing for Remortgaging your Home
Our conveyancing solicitors are not just about moving home; you will also need to talk to us when you are remortgaging your home.
Ask us for a conveyancing quote for remortgaging, and when you have agreed to our fixed-fee costs the process begins. Your named solicitor receives your title deeds, as well as a copy of your title from the Land Registry. They then run searches as required.
Your mortgage lender then sends your conveyancing solicitor your new mortgage offer, and you are sent the mortgage deed to sign.
Cunningtons then arrange to receive the money from your new loan, and an up-to-date account of your loan amount. After one or two final search checks, your remortgage is in place – the remaining money goes into the right bank accounts and your remortgage is then registered with the Land Registry.
Click to read more about conveyancing for remortgaging.
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What areas does the Brighton branch cover?
Each branch of Cunningtons’ solicitors has a team of expert property lawyers who provide comprehensive legal support for residential conveyancing and covering property transactions in their area – so the Brighton branch would deal with property in Brighton and Hove and East Sussex, the Braintree branch focusses on the Braintree area and Essex, the Solihull branch works in the Midlands area, and so on.
Our Brighton and Hove branch focusses on property transactions along the south coast and across East and West Sussex. It is within easy reach of Gatwick Airport and the towns of Eastbourne, Worthing, Shoreham, Haywards Heath and Hastings.
However, we deal with property transactions across England and Wales, made easier through our specialist residential conveyancing solicitors working in the other branches in our network.
Conveyancing Fees
Our conveyancing fees are transparent and competitive. We understand that every property transaction is unique, and our fees reflect the complexity and value of the transaction. Our fees are based on the time spent on your property matter, and we provide a detailed estimate at the start of the transaction. We do not charge fixed fees, but our hourly rates are competitive and outlined below.
Our fees include:
- Preparation and submission of the contract;
- Conducting agreed conveyancing searches;
- Reviewing and advising on the contract and search results;
- Negotiating with the other party’s solicitor;
- Preparing and submitting the transfer deed;
- Registering your new property with the Land Registry.
Disbursements, such as Land Registry fees and search fees, are additional costs that are payable to third parties. We will provide a detailed breakdown of these costs in our estimate.
Choosing Your Conveyancing Solicitor
Choosing the right conveyancing solicitor is crucial to ensure a smooth and stress-free property transaction. Here are some factors to consider when selecting your conveyancing solicitor:
- Experience: Look for a solicitor with extensive experience in residential conveyancing.
- Expertise: Ensure the solicitor has expertise in property law and is familiar with the local market.
- Communication: Choose a solicitor who is responsive and communicative throughout the process.
- Fees: Compare fees and ensure you understand what is included and what additional costs may arise. Simply click here to get a conveyancing quote, and find out what your fees will be.
- Accreditation: Look for a solicitor who is accredited by the Law Society’s Conveyancing Quality Scheme (CQS).
- Reviews: And make sure you look for a solicitor who has a lot of positive reviews.
Instructing Cunningtons As Your Conveyancing Solicitors
Instructing Cunningtons as your conveyancing solicitors is straightforward. Simply contact us by phone or email, and we will guide you through the initial stages.
Once your ‘conveyancing file’ is opened, your dedicated conveyancing solicitor will deal with the legal side of the transaction and keep in touch with you throughout the process.
We will require some initial information from you, including:
- Proof of identity;
- Proof of address;
- Proof of sufficient funds;
- Mortgage offer (if applicable.
We will also provide you with a detailed estimate of our fees and disbursements.
Cunningtons Solicitors in Brighton
31 Duke Street
Brighton & Hove
BN1 1AG
United Kingdom
Tel: 01273 725 229
Fax: 01273 779 758
Staff Spotlight
Jason Bradshaw
Conveyancing Partner
Jason Bradshaw is a Residential Conveyancing solicitor and senior partner working out of our Brighton office.
Frequently Asked Questions
Should I use an online conveyancing company?
We do not generally recommend using an online conveyancer; although you often pay a lower fee, the level of service will also be lower.
You will rarely speak to the same person twice, and you have to be wary of the extras they add on.
When you are dealing with something as valuable as your home, it is important not to take risks. And the potential small savings to be made by using online conveyancing don’t add up – yet. You should meet the solicitor who is working on your case face-to-face.
What is the difference between a conveyancing solicitor and a conveyancer?
When you use a solicitor for conveyancing you can be sure that they are regulated by the Solicitors’ Regulation Authority (SRA), a member of the Law Society, have degree-level qualifications and at least two years on the job training before qualifying as a conveyancing solicitor.
Whereas a conveyancer tends to be regulated by the Council for Licenced Conveyancers (CLC) and is usually less highly qualified, although can still be perfectly competent.
How do I avoid fraudulent transactions when moving house?
With such large amounts of money changing hands, there can be attempts to steal them in transit.
It is easy to avoid fraud if you follow simple rules:
1 – Never ever disclose bank account details by email.
2 – Never pay money into an account whose details you have received by email.
3 – Both you and your solicitor should pay into accounts whose details you have received by phone or in person.
4 – Ideally, test the veracity of bank account details by making an initial payment of £1 – which you then verify by telephoning your conveyancing solicitor – before paying any more.
What happens in the conveyancing process?
Conveyancing is the legal process of transferring property, and it happens whenever UK property is bought, sold or remortgaged. Our residential conveyancing team – local experts with in-depth knowledge of the Brighton and Hove property market – ensures a smooth process by understanding the local issues faced by clients during the move. The conveyancing process for each transaction is different, and generally involves liaising between buyers, sellers, mortgage companies, local councils and the Land Registry.
If you are buying property:
We contact the seller’s solicitors to check the title deeds and contract, then conduct a variety of searches depending on the location, check the formal mortgage offer, collect together documents that require signing, organise the handing over the deposit, ensure all monies are in the right accounts, arrange completion of sale, ensure the correct stamp duty is paid, instruct the land registry of the change in ownership, then send the deeds to either the buyer or the mortgage lender.
If you are selling property:
We obtain the title deeds and up-to-date information from the Land Registry, arrange the contracts that outline the sale, liaise with the buyer’s solicitors, find out the balance on your mortgage if necessary, send deeds for signing, arrange for estate agents’ fees to be paid, collect all funds due to the seller, submit statements and send dees and keys to the new owner.
If you are remortgaging:
We obtain the title deeds and up-to-date title copy from Land Registry, deal with any searches, receive mortgage offer, ask you to sign mortgage deed, arrange for the delivery of the new loan, get up-to-date statement from the current lender, run searches at the Land Registry, receive the loan and repay existing mortgage, and register the new mortgage with the Land Registry.
In brief, conveyancing has a number of stages and differs according to the purpose of the transaction, the finances of the buyer/seller/remortgager, the geographical location of the property, and the number of other transactions in the chain.
Talk to your conveyancing solicitor throughout the process and they’ll keep you up to date with this important process.
How long does conveyancing take?
As most home moves depend on a number of different factors, it is impossible to predict how long your conveyancing will take. However, on average the process will usually take about 8 weeks for a freehold property, and slightly longer for a leasehold.
But as there can be a number of transactions going on at the same time, usually with a chain of strangers all buying and selling their homes and getting mortgages in place – the process rarely depends on just one person.
That’s why moving home is a great time to practice calm and patience, as it is out of your control.
Is there a difference between freehold and leasehold conveyancing?
The short answer is yes.
When dealing with leasehold transactions, there are many more things to check during the conveyancing process, including ground rent, service charges, licences under the Lease and leasehold covenants (obligations).
For this reason we charge an additional fee for dealing with leasehold transactions.
What searches does a conveyancer do?
The standard searches your conveyancing solicitor undertakes are:
– local authority,
– water/drainage, and
– environmental.
There are a number of other searches to undertake depending on the locality of the property. For example, in mining areas a mining search is also always obtained. There may also searches for Gypsum in areas where gypsum mining has taken place, Lead Mining, China Clay, and Limestone.
Check with your property solicitor to find out which searches they are intending to undertake.
Jargon Buster
Conveyancing: The legal process of buying or selling a property in England and Wales.
Conveyancing solicitor: A legal expert who specialises in conveyancing.
Title deeds: Documents that prove ownership of a property.
Mortgage: A loan used to purchase a property.
Equity: The value of a property minus any outstanding mortgage.
Stamp Duty Land Tax (SDLT): A tax payable on the purchase of a property.
Land Registry: The government agency responsible for registering property ownership.
Why Choose Cunningtons in Brighton?
Led by Jason Bradshaw, our residential property team is dedicated to providing expert legal advice and exceptional service. Here are some reasons why you should choose us:
Expertise: Our solicitors have extensive experience in residential conveyancing and property law.
Personal service: We provide a dedicated conveyancing solicitor who will deal with your transaction from start to finish.
Competitive fees: Our fees are transparent and competitive, and we provide a detailed quotation at the start of the process.
Accreditation: We are accredited by the Law Society’s Conveyancing Quality Scheme (CQS), ensuring you receive the highest level of service.
Local knowledge: Our solicitors have extensive knowledge of the local market and can provide expert advice on property transactions in Brighton and Hove.
Award-winning service: The Brighton branch of Cunningtons won Conveyancer of the Year in the South East 2024.