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What are the legal requirements when selling a house?

Leia Doyle

What are the legal requirements when selling a house?

What Documents Do You Need to Sell Your House?

  • Proof of your identity.
  • Property title deeds.
  • Shared freehold documentation.
  • Energy Performance Certificate.
  • Management information pack.
  • Fittings and contents form.
  • Property information form.
  • Mortgage details.

What do you legally have to disclose when selling a house UK?

When selling your house in the UK, you have an obligation to disclose everything about the property in question to potential buyers. We are tempted to keep “hidden” negative details that could change the buyer’s intention to buy our property confidential. This secrecy is not permitted by law under any circumstances.

Do I need a solicitor to sell a house UK?

First things first: you don’t legally need a solicitor to sell your house. It’s entirely possible to take on what some call ‘DIY conveyancing’: in other words, taking on the legal responsibilities yourself when selling your home.

Can you refuse to sell your house to someone UK?

If you are selling your home through an estate agent, you can’t refuse an offer from someone or treat them unfairly just because of their disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex or sexual orientation. This could be unlawful discrimination.

Is an EPC a legal requirement when selling a house?

By law, an EPC is required when you sell a property. It is the vendor’s responsibility to make sure the property is in possession of a valid EPC when it is marketed for sale. If you are selling your property through an estate agent, your agent will be able to help you obtain or renew an EPC.

How much does a solicitor charge for selling a house?

When you hire a licensed conveyancer to help you sell your house, you can expect a fee that ranges between £800 and £1,800. Depending on the size of your property and the profit you stand to make, this may seem negligible or substantial.

Can I use same solicitor as seller?

Yes, most of the time you can use the same conveyancer for buying and selling – provided that certain criteria are met. (These criteria are set to protect both parties from any potential risks associated with using the same lawyer.)

Is it illegal to market a property without an EPC?

Can I sell my property without an EPC? Yes, as long as you have ordered the EPC before putting your property on the market. Failure to do so could result in a fine.

What is the penalty for not having an EPC?

Penalties for not having an EPC. The penalty for failing to make an EPC available to any prospective buyer or tenant when selling or letting non-dwellings is fixed, in most cases, at 12.5 per cent of the rateable value of the building, with a default penalty of £750 where the formula cannot be applied.

What happens if a seller lies on a disclosure?

A seller who fails to disclose issues with the property may be held liable for any damages the buyer bears. A buyer can claim damages, which are a financial award for any costs the buyer bears to repair the issue. The buyer may also claim damages for any difference in the property value because of the issue.

Who pays lawyer fees when selling a house?

The seller usually appoints the conveyancing attorney but their cost is covered by the purchaser. This can make the fees quite challenging for the purchaser to negotiate and is something to keep in mind when signing your offer to purchase.

Can you sell a house without using a solicitor?

If you are, then the owner of the freehold may insist that you use a solicitor or conveyancer for the house sale. In summary, it is perfectly possible to sell your property without a solicitor – and in some cases, this can be a good option.

Can a solicitor work for both parties?

The Solicitor’s Code of Conduct explains that a solicitor must not represent both parties to the transaction if there is a conflict of interest or a significant risk of there being a conflict at some point during the matter.

Can a solicitor represent a friend?

This is generally always prohibited and any ethical lawyer would refuse to represent both clients. Lawyers are not allowed to represent you if they are your friend or have been associated with you as a couple during your marriage, or if they are a family member due to these conflict issues.