When someone makes an offer on your property, you will receive a notification immediately by email. Until such time as contracts have been formally exchanged, the offer and acceptance will always remain ‘Subject to Contract’. The potential buyer will have already filled out details about their property situation and where they are on their property journey, which you will be notified about. You will have the option of whether to accept or decline this offer. You will be prompted to confirm that you have instructed your Solicitor / Conveyancer. See Hiizzy’s Terms and Conditions for more about this.
Selling your home is a significant milestone, but the legal side of things can feel a bit daunting if you're new to the process. Understanding the legal requirements is essential to ensuring everything runs smoothly. Whether you're selling your property privately or through a traditional estate agent, there are a few essential steps every homeowner needs to know when it comes to navigating the legal side of selling a house.
At Hiizzy, we're all about making your home sale easier—offering you a modern, tech-driven platform to list your property. And while Hiizzy provides you with all the tools to sell your home yourself, the legal process remains the same for everyone, no matter how you're selling. Let’s break it down.
Drawing up a contract
When you’ve accepted an offer through the Hiizzy platform, you’re prompted to make sure you’ve appointed a solicitor. It’s your solicitor who will be responsible for drawing up the contract to transfer ownership.
The contract contains details about:
· the sale price
· the property boundaries
· which fixtures and fittings (like carpets and kitchen units) are included
· any legal restrictions or rights, like public footpaths or rules about using the property
· any planning restrictions
· services to the property, like drainage and gas
· when the sale will complete
Your solicitor will:
· draft the initial contract
· answer questions from the buyer’s solicitor (with your help)
· negotiate the details of the contract as necessary
Property Questionnaire
You are required, before the exchange of contracts, to complete a number of detailed questionnaires about the property and what is intended to be included with the sale. These questionnaires will be provided to you by your solicitor and will include:
● Information on boundaries, disputes and complaints (like reported noisy neighbour complaints or boundary disputes), known proposed developments (like motorways or railways), building works, council tax, utilities, sewerage, contact details.
● If you do not own the freehold, you should give more information on either the leasehold or the commonhold.
● The fittings and fixtures you would like to include with the property.
● The finalisation details, including arrangements to hand over the keys, how and where you will complete, and ensuring that the house is free of all mortgages and liability claims.
As the seller, you must fill these forms out truthfully and to the best of your knowledge; if it later transpires that you have not been fully truthful you could be sued for compensation. Or, if they find out before exchange of contracts, it might make the buyers nervous that you are misleading them about other things and they may pull out.
Property Searches
The buyer will undertake property searches, which can take a little time to complete. Property searches are crucial for the buyer providing essential information about the home you wish to sell. These searches will include:
● HM Land Registry
This is a check to ensure that you genuinely own the property.
● Local Authority
Local authority searches offer relevant information about the property and its surroundings. This search includes Local Land Charges and enquiries to the local authority. The local authority scans its records for any useful information about the property, including proposed major new roads, local planning decisions, evidence proving the building regulation consent and any red flags about environmental issues like land pollution.
● Local Land Charges
This search reveals any general issues affecting the property and typically includes information about planning decisions and tree preservation orders, and any outstanding debts that the seller may hold with the local authority.
● Environmental
This search reveals potential environmental issues with the property like potential land or water contamination issues, whether the property is in a radon-affected area, and the possibility of the property being affected by floods.
● Water and Drainage
This search will inform the purchaser about sewer and water connections to the property.
Exchanging Contracts
Once all searches have been completed and all property questionnaires answered, it is time to exchange contracts. When you and your buyer are happy with the contract, you each sign the contract, and these are then exchanged between the solicitors. This agreement is legally binding. Usually neither party can pull out without paying compensation.
Completion
Once you exchange contracts and deal with any remaining checks the buyer may have asked for, and on the date agreed for completion:
1. The money is transferred from the buyer to your solicitor.
2. Your solicitor will pay off any mortgage you may have over the property.
3. The legal documents needed to transfer ownership are handed over to the buyer.
4. You move out and leave the property in the state agreed in the contract, including the agreed fixtures and fittings.
5. You hand over the keys to the buyer.
The property now belongs to the buyer!