How long will it take?
It is usual for sales to be completed within 4 to 6 weeks of the parties instructing lawyers. Delays can arise either because of issues specific to the transaction itself e.g. boundary irregularities requiring a neighbour to be joined into the sale contract or because of issues in another transaction in the chain. Delays can often occur due to lending banks not having received everything they require in order to be able to issue security documentation. We will do all we can to minimise delay on your part but to avoid further delays please see the section below What should you do?
Who at Appleby will represent me?
One of our experienced conveyancers will take day to day responsibility for your transaction, which will be supervised by one of our property partners. We will keep in close contact with you throughout the transaction but feel free to contact us whenever you like. We pride ourselves on our responsiveness and personal approach.
What will Appleby do?
- Draft the sale documentation and send it, as well as other title documentation, to the purchaser’s lawyers.
Respond to queries raised by the purchaser’s lawyers; this includes standard queries and those specifically arising from their title researches and third party enquiries.
- Deal with any remedial action in relation to title defects as required. This typically involves either seeking the participation of third parties such as neighbours in the sale contract or else arranging for defective title insurance to be put in place.
- Liaise with your mortgage lender and its lawyers to ensure that we can redeem any outstanding liabilities secured against the property out of the proceeds of sale, and arrange for the charge(s) to be formally cancelled.
- Ensure that the applicable requirements of the Control of Housing and Work (Jersey) Law 2012 and the Agricultural Land (Control of Sales and Leases) (Jersey) Law 1974 are complied with to enable the transaction to proceed.
- Deal with all completion formalities (including attending the Royal Court, where applicable) and with the necessary completion payments.
- Following completion make the necessary declaration to the Parish for the purposes of the Rates Law.
If you are selling a ‘flying freehold’ property our work will also involve appropriate liaison with the association representative.
If you are selling a ‘share transfer’ property our work will also involve appropriate liaison with the company secretary and (if applicable) the managing agent.
What can Appleby not do?
Although there are many aspects to our role when acting in a property sale, we are lawyers and cannot provide specialist advice within other disciplines.
In particular, we cannot:
- Provide valuation advice or advice on the condition of a property.
- Provide specialist planning expertise
Give financial, investment or taxation advice.
However, we have a range of other professional advisers we would be happy to put you in touch with as required.
What you should do?
There are several key steps for you take to ensure that your transaction proceeds as smoothly as possible, including:
- Documentation: ensure that you have to hand planning and/or building bye-law permits and other documentation in relation to any works you have carried out at the property, as well as any guarantees or similar issued by suppliers and installers. The absence of such documentation can cause significant delays.
- Instructions: ensure that you respond promptly if at any time we require your instructions on an issue which has arisen in the transaction.
- Absences and contact details: it is very important that you let us know of any intended absences from the Island during the sale process, so that suitable arrangements such as powers of attorney can be put in place. In addition, we need to be able to contact you easily if the need arises.
- Utility services and notification of change of address: you will need to make arrangements for final readings of mains services and the termination of your telephone service and will also need to give notice of your change of address to the various States departments, as well as to the medical and commercial organisations with which you deal.