Frequently Asked Questions
Clear answers to the questions our clients ask most often, organised by topic so you can find what you need quickly.
Welcome
Conveyancing involves more unfamiliar terminology and more moving parts than almost any other transaction you will ever undertake. The following pages set out plain English answers to the questions our clients ask us most often, organised by topic for easy navigation.
If your question is not answered below, please call us on 01603 877066, email onboarding@mjpconveyancing.com or message us on WhatsApp at 07354 846604. We are happy to help, with no obligation.
Getting Started
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What is conveyancing?
Conveyancing is the legal process of transferring ownership of a property from one person to another. It applies whenever a residential property is sold, purchased, remortgaged or otherwise legally changed in ownership.
The process involves drafting and reviewing contracts, carrying out property searches, raising and responding to legal enquiries, exchanging contracts to make the transaction legally binding, and finally completing the transaction so that the property changes hands. A qualified conveyancer or conveyancing solicitor manages this on your behalf, ensuring that your interests are protected at every stage.
Do I need a conveyancer or a solicitor?
Either can carry out residential conveyancing for you. Solicitors are regulated by the Solicitors Regulation Authority and can provide a broad range of legal services. Licensed conveyancers are regulated by the Council for Licensed Conveyancers and specialise specifically in property law.
Both are insured, both are qualified and both can complete your transaction safely. The most important thing is to choose a firm with strong reviews, transparent pricing and clear communication. MJP Conveyancing is a firm of solicitors specialising entirely in residential property.
How do I get a quote from MJP?
Visit our website at mjpconveyancing.com and click Request a Quote or call us on 01603 877067 for an instant indication. You will receive a written fixed fee quote within twenty-four hours, with a complete breakdown of legal fees and disbursements. There is no obligation and no charge for the quote.
How long does the whole conveyancing process take?
From offer accepted to keys in hand typically takes between eight and twelve weeks for a straightforward freehold purchase, and a little longer for leasehold or new build properties where management companies and developers can extend the timeline.
The single biggest factor in your timescale is how quickly each party responds to enquiries. Clients who reply to their conveyancer within twenty-four hours consistently complete faster than those who take a week to return paperwork.
When should I instruct a conveyancer?
As soon as your offer is accepted, or your sale is agreed, or you have decided to remortgage. The earlier you instruct, the earlier we can begin identity checks, prepare the contract pack and order any necessary searches. Instructing a conveyancer is one of the first things to do after your offer is accepted, not one of the last.
Can I instruct you before I have found a property?
You can certainly approach us early. We can talk through the process, provide a quote and prepare you for what to expect. We will normally only open a file once you have an agreed purchase or sale, since the work itself is property specific.
Do I have to use the estate agent’s recommended solicitor?
No. You are entirely free to choose your own conveyancer. Estate agents often receive a referral fee from their preferred firms, which is one reason their quoted prices may be higher. We strongly recommend choosing on quality, transparency and reviews rather than on the agent’s recommendation alone.
The Buying Process
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What is an Agreement in Principle?
An Agreement in Principle, sometimes called a Decision in Principle or AIP, is a written indication from a lender of how much they would lend you, based on a soft credit check. It is not a binding offer, but it shows estate agents and sellers that you are a serious buyer and will often be needed before an offer is accepted. An AIP usually lasts between sixty and ninety days.
What are property searches and what do they look for?
Searches are standard enquiries made by your conveyancer to the local council, water authority and environmental records, to check for anything that may affect the property. They typically include:
A local authority search, which checks planning history, road status, environmental matters and any other information held by the council.
A drainage and water search, which confirms how the property is connected to the water and sewerage network.
An environmental search, which checks for contaminated land, flood risk and other environmental factors.
Additional searches may be ordered depending on the property and its location, for example a coal mining search in former mining areas or a chancel repair search in certain parishes.
What is exchange of contracts?
Exchange of contracts is the point at which both you and the seller become legally committed to the transaction. Until exchange, either party can withdraw without penalty. After exchange, neither side can pull out without significant cost.
On exchange you pay a contract deposit, typically five or ten per cent of the purchase price, which is held by the seller’s solicitor as security. The completion date is fixed at the moment of exchange and the move can be booked with confidence.
What happens on completion day?
On the agreed completion date, the purchase funds are sent from your conveyancer to the seller’s conveyancer. Once those funds are received, the keys are released to you through the estate agent, and the property legally becomes yours.
Completion typically happens between midday and early afternoon. We will keep you updated through your secure online portal throughout the day.
Do I need a survey?
A survey is strongly recommended and is paid for by you. Your mortgage valuation is not a survey, it tells your lender whether the property is worth what you are paying, not whether it is in good condition.
There are two main types of survey. A RICS Home Survey Level 2 (Homebuyer Survey) is suitable for most modern homes in reasonable condition and typically costs four hundred to seven hundred pounds. A RICS Home Survey Level 3 (Building Survey) is recommended for older properties, listed buildings or anything with visible problems and typically costs six hundred to one thousand five hundred pounds.
What if the property is valued lower than my offer?
This is known as a down valuation. Your lender will only lend against the lower figure, which means you must either find the difference yourself or renegotiate the price with the seller. In most cases the seller will agree to meet you in the middle, since the same valuation issue is likely to arise with the next buyer. If neither is possible, you can apply to a different lender or, as a last resort, withdraw.
Can I withdraw after my offer is accepted?
Yes. Until contracts are exchanged either party can withdraw without legal penalty, although you may lose any costs already incurred such as searches and survey fees. After exchanging you are legally bound to complete.
What is Stamp Duty Land Tax?
Stamp Duty Land Tax (SDLT) is a tax paid to HMRC on most property purchases in England and Northern Ireland. (Wales has Land Transaction Tax and Scotland has Land and Buildings Transaction Tax, with their own thresholds.) The amount depends on the property price, whether you are a first-time buyer and whether you already own another property anywhere in the world.
Your conveyancer calculates the SDLT due, files the return with HMRC and arranges payment from the funds you provide on completion. SDLT must be paid within fourteen days of completion.
The Selling Process
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What documents do I need to provide as a seller?
You will be asked for proof of identity, proof of address, your Energy Performance Certificate (EPC) and any documents relating to work done at the property, such as building regulations certificates, FENSA certificates for windows, electrical certificates, gas safety records, planning permissions and warranties for any major installations.
You will also complete three standard forms: the TA6 Property Information Form, the TA10 Fittings and Contents Form and, for leasehold properties, the TA7 Leasehold Information Form. Gathering paperwork together before you complete the forms makes the process much smoother.
What are the TA6, TA7 and TA10 forms?
These are standard Law Society forms used in every residential sale in England and Wales.
The TA6 Property Information Form is a detailed questionnaire about the property, covering disputes with neighbours, changes you have made, boundary responsibilities, services and any flooding history.
The TA7 Leasehold Information Form is required for leasehold sales and covers ground rent, service charges, the managing agent and any planned major works.
The TA10 Fittings and Contents Form is a room-by-room list of what is staying with the property and what is leaving.
Honesty on these forms is essential. Material misrepresentations can give the buyer a claim against you after completion.
Can I sell my property while my mortgage is in a fixed period?
Yes. If your mortgage is in a fixed or tracker product, an Early Repayment Charge may apply, typically one to five per cent of the outstanding balance. If you are buying a new property at the same time, you may be able to port your mortgage to the new property and avoid the charge. Speak to your lender or broker about the options.
What happens if my buyer pulls out?
Until contracts are exchanged, your buyer can withdraw without legal consequence. The property goes back on the market, and you start the process again with a new buyer. The costs you have already incurred (legal fees on the work done, search costs) are typically your responsibility under our No Sale, No Fee policy if your sale collapses through no fault of your own.
Do I have to be present at completion?
No. Many completions are handled remotely. You will sign the contract and the transfer deed during the lead up to completion. On completion day itself, you simply need to leave the property and hand the keys to the estate agent.
Leasehold, New Build and Specialist Property Types
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What is leasehold ownership?
Leasehold is a form of ownership in which you own the property for the length of the lease but do not own the land it stands on. The land remains owned by the freeholder, who is also known as the landlord. Almost all flats in England and Wales are leasehold. Some houses are too, although this is becoming less common.
What is ground rent?
Ground rent is an annual payment from a leaseholder to the freeholder for the land the property sits on. Modern leases typically charge a peppercorn (effectively nothing) or a small, fixed amount. Older leases may have ground rents that double every ten or twenty-five years, which can render the property unmortgageable. Always check the ground rent clause before committing.
What is a service charge?
Service charges cover the running costs of a leasehold building, including communal cleaning, lighting, gardening, lift maintenance, insurance and major works. They vary widely from one building to another and can change year on year. Ask for the last three years of service charge accounts to see how stable the charges have been.
How many years should be left on my lease?
Most lenders are reluctant to mortgage a property with less than seventy years remaining on the lease, and the cost of extending a lease rises sharply as the years decline. As a buyer, aim to purchase a leasehold property with at least one hundred years remaining where possible. As a seller, if your lease has fallen below eighty years, consider extending it before marketing the property.
What is a new build warranty?
Most new builds come with a ten-year warranty from NHBC, LABC, Premier Guarantee or a similar provider. The warranty typically covers the first two years for snagging defects and the remaining eight years for structural defects. Your conveyancer will review the warranty as part of your purchase.
What is snagging?
Snagging is the process of identifying defects in a new build property before and shortly after completion. Common issues include paint marks, doors that do not close cleanly, sockets that do not work and tiling finished poorly. A professional snagging surveyor typically costs three hundred to six hundred pounds and can identify many issues for the developer to fix under warranty.
What is the new build exchange deadline?
Developers usually impose a tight exchange deadline, often twenty-eight days from reservation, after which you may lose your reservation fee and the plot. This puts pressure on the legal process, which is why instructing a specialist new build conveyancer is essential. MJP has a dedicated new build team for this reason.
Remortgaging and Transfers of Equity
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Do I need a conveyancer for a remortgage?
Yes. Whenever a new mortgage replaces an existing one, a conveyancer must handle the legal work of redeeming the old mortgage and registering the new one with HM Land Registry. Many lenders offer free legal fees on remortgages through their panel solicitors, although this can sometimes mean slower service and limited communication. We are happy to provide a competitive quote where you prefer to choose your own firm.
How long does a remortgage take?
A typical remortgage takes between four and eight weeks from instruction. Your existing lender will need to be notified, the new mortgage offer must be reviewed, the title checked and any necessary searches carried out. Completion is then arranged on a date that suits both lenders.
What is a transfer of equity?
A transfer of equity is the legal process of changing the ownership of a property without selling it to a third party. Common reasons include adding a partner to the title after marriage, removing a former partner after a separation, or transferring a share to or from a family member. The process typically involves a Deed of Transfer and, if there is a mortgage, the lender’s consent.
Is a Declaration of Trust necessary?
A Declaration of Trust is a legal document that records the financial arrangement between joint owners. It is particularly important where one person contributes a larger deposit, where one person pays more of the mortgage or where family money is involved. Without one, the law often assumes equal shares regardless of who actually paid what.
Pricing, Fees and Payments
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How much does conveyancing cost?
Our fees depend on the property value, the type of transaction (sale, purchase, remortgage or transfer of equity) and whether the property is freehold or leasehold. Our complete fee schedule is published on our Pricing page and you can request a personalised fixed fee quote in under twenty-four hours.
For a typical freehold purchase between zero and five hundred thousand pounds, our legal fee is one thousand one hundred and fifty pounds plus VAT at twenty per cent.
What is included in your fixed fee?
Our fixed fee covers all the legal work involved in your transaction, from instruction through to completion and post completion. There are no hourly charges and no surprise extras. The only additional costs are the disbursements (third party payments such as Land Registry fees and search fees) and any specialist work that may arise on unusual files, which we will always discuss with you in advance.
What are disbursements?
Disbursements are amounts of money that we must pay to third parties on your behalf in connection with your transaction. They typically include search fees, Land Registry fees, bankruptcy check fees, telegraphic transfer fees and (for leasehold properties) a fee to the managing agent for the leasehold information pack. Disbursements are always shown clearly on your quote and your completion statement.
What are disbursements?
Disbursements are amounts of money that we must pay to third parties on your behalf in connection with your transaction. They typically include search fees, Land Registry fees, bankruptcy check fees, telegraphic transfer fees and (for leasehold properties) a fee to the managing agent for the leasehold information pack. Disbursements are always shown clearly on your quote and your completion statement.
What is your No Sale, No Fee promise?
If your transaction falls through, either through your own choice or the other party’s, you will only be charged the initial £200 deposit (inclusive of VAT) and any search fees already incurred. There are no hidden cancellation charges and no surprise bills.
What happens if my transaction falls through?
We sincerely hope your transaction is successful, but if it falls through, we apply our No Sale, No Fee policy. The initial £200 deposit and any search fees already incurred are not refundable, but no further fees will be charged. If you decide to begin a new transaction with us afterwards, the deposit on your original file can sometimes be carried forward, subject to our terms.
When do I need to pay?
Other than the initial £200 deposit at the start of your file (and, on a purchase, the search fees during the early weeks), all fees and disbursements are paid on or before completion. For a sale, our fees are typically deducted from the sale proceeds and the net amount sent to you. For a purchase, you will need to send us cleared funds at least twenty-four hours before the agreed completion date.
Our Service and Communication
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Who will be working on my file?
You will be assigned a dedicated conveyancer who will be your main point of contact throughout your transaction. They are supported by a paralegal team who handle administrative tasks and overseen by a senior solicitor or director. You will always know who you are talking to and your conveyancer will know your file inside out.
How will I be kept updated during the process?
You will have access to our secure online portal, where you can see the progress of your file at any time of the day or night. You will also receive regular updates by email and can call, email or message your conveyancer directly whenever you need to. We aim to respond to client queries within one working day.
Can I track my case online?
Yes. Every client has access to a secure online portal that shows the current stage of the transaction, recent activity, documents available to review and a complete history of correspondence. You can log in at any time, from any device, and see exactly where things stand.
How quickly will you respond to my enquiries?
We aim to respond to all client enquiries within one working day, and often within hours. Urgent matters in the run up to exchange or completion are dealt with immediately. If your dedicated conveyancer is unavailable, a colleague will respond on their behalf.
How quickly will you respond to my enquiries?
We aim to respond to all client enquiries within one working day, and often within hours. Urgent matters in the run up to exchange or completion are dealt with immediately. If your dedicated conveyancer is unavailable, a colleague will respond on their behalf.
What are your office hours?
Our office is open Monday to Friday from 9.00 am to 5.00 pm. We close for lunch between 1.00 pm and 2.00 pm. All calls to and from the office are recorded for compliance and training purposes. Our secure online portal is available around the clock.
Safety, Fraud and Trust
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How do I know I am sending money to the right account?
Always verify our bank details by phone before sending any money. Use the phone number from our website (mjpconveyancing.com) or from the printed materials we have sent you, never a number from an email. We recommend sending a small test payment of one pound first, confirming receipt by phone, and then sending the balance.
We will never change our bank details mid transaction. Any email asking you to send funds to a different account is fraudulent. If you receive one, do not respond and call us immediately on 01603 877066.
What is Friday afternoon fraud?
Friday afternoon fraud is a common form of conveyancing scam where criminals intercept emails between a buyer and their solicitor and substitute their own bank details for the solicitor’s. The scam is named for the day of the week most chosen for completion, when there is the least time before the weekend for a fraudulent transfer to be reversed.
The simple protection is to always verify bank details by phone using a number you trust, not one from an email.
Are you regulated?
Yes. MJP Conveyancing Ltd is authorised and regulated by the Solicitors Regulation Authority (SRA number 590889). We are also covered by professional indemnity insurance, which protects clients in the unlikely event of a claim. You can verify our regulatory status at any time on the SRA website.
What if I am unhappy with your service?
We take client feedback very seriously. If you are unhappy with any aspect of our service, please first raise the issue with your dedicated conveyancer, who will do everything they can to resolve it quickly. If that does not resolve matters, you can ask for the issue to be escalated under our formal Complaints Procedure, which is published on our website. As a last resort, complaints can be referred to the Legal Ombudsman.
About MJP Conveyancing
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Where are you based?
Our office is at 69 to 75 Thorpe Road, Norwich, Norfolk, NR1 1UA, just a short walk from Norwich railway station. While our office is in Norwich, we are an online conveyancing firm and act for clients across the whole of England and Wales without the need for office visits.
Do you only act for clients in Norwich?
No. We act for residential property clients across the whole of England and Wales. Our online conveyancing service means you can instruct us from anywhere, with full access to your file through our secure online portal and a dedicated conveyancer at the end of the phone.
How long have you been in business?
MJP Conveyancing was established in 2010 in response to the changing face of the legal landscape. We set out to build a different working model from the traditional property lawyer, one that placed transparency, accessibility and client care at the centre of everything we do. More than fifteen years on, we remain a family run, independent firm proud of our record of innovation and client service.
Do you handle commercial property?
No. We specialise exclusively in residential property conveyancing. We do not handle commercial property transactions, litigation, wills and probate, or trusts (other than declarations of trust relating to property ownership). Our exclusive focus on residential property is one of the reasons we can deliver such a high standard of service in this area.
Do you handle properties in Scotland or Wales?
We handle properties in Wales using the Welsh equivalent of English conveyancing, including Land Transaction Tax in place of Stamp Duty Land Tax. We do not handle properties in Scotland, which has a separate legal system and a different conveyancing process.
Still Have a Question?
The questions above cover the topics our clients ask about most often, but no FAQ page can answer every situation. If your question is not covered here, please get in touch and we will be delighted to help, with no obligation and no charge for an initial conversation.
- Telephone: 01603 877066 or 01603 877067
- Email: onboarding@mjpconveyancing.com
- WhatsApp: 07354 846604
- Online: request a free fixed fee quote from any page on our website.