Conveyancing terms and conditions

Clarkson Hirst Solicitors Limited

  1. Our acceptance of your instruction is subject to compliance with money laundering and anti terrorist legislation checks.
  2. Your instruction of us is subject to the Consumer Protection (Goods and Selling) Regulations 2000 which mean that you do have the right to cancel this contract within seven days but if we do act upon your instructions and provide you with a service after the beginning of your agreement with us you will not be able to cancel the contract even within the seven day period.
  3. It may take more than 30 days to complete the legal work in your case. We can provide you with a best estimate of the time scale and please contact your legal advisors.
  4. The price we have given you for the legal work includes all the legal work in your case including completion of stamp duty forms and Land Registry requirements. There may be circumstances in your case which causes us to have to alter our charges for example if your property is subject to a defective title and you have to pay for indemnity insurance then we would charge for the cost of arranging that indemnity insurance policy and paying for the policy. Further if there is an increase in the purchase price of the property you are buying then that could increase the stamp duty and Land Registry fees payable. We will advise you of any increase in our fees and seek your agreement to them before proceeding further with your case.
  5. All legal fees and payments to others have to be paid before legal completion of your transaction.
  6. Communication. You will agree with your professional advisor the method by which you wish us to communicate with you in the course of your transaction. We can communicate with you by telephone, face to face meeting, email or postal communication. If we are not available when you call please leave a message on your legal advisors voice mail facility of leave a message with his or her assistant.
  7. Qualified advisor. Your case will be dealt with by a qualified advisor and details of the qualifications of your advisor will be provided to you. The scope of our advice to you in relation to your case is limited to advising you in relation to the land law and the law of conveyancing. Our service does not include advice in relation to the physical condition of the property and the services that serve the property, its value or indeed other aspects of the transaction including capital gains tax planning, inheritance tax planning, income tax planning and any family or inheritance issues. If you do require advice on these issues then you should request this from your professional advisor who will refer you to a specialist within our organisation or offer to refer you to an outside specialist.
  8. In the event that your sale, remortgage, purchase, home information pack does not proceed to legal completion you will still be liable to pay our legal fees for the work undertaken at the hourly rate of £220.00 per hour plus VAT in respect of the time spent on the matter and also you will have to pay for any payments to third parties incurred to that point.
  9. Mortgages. You will be required to arrange your own mortgage but if you do require assistance in that regard then we can refer you to an independent financial advisor to arrange your mortgage. Please note it is your obligation to comply with the terms and conditions of your lender’s mortgage offer.
  10. Complaints. We offer all our clients an efficient, effective and friendly service. However if there is any aspect of the service which you receive from this office which causes you concern please do not hesitate to tell your legal advisor. We do have a formal complaints procedure which you are entitled to receive a copy of. If you wish to make a formal complaint then that should be addressed to William Matthew Guy Winder at Clarkson Hirst Solicitors, 73 Church Street, Lancaster, LA1 1ET. You may telephone Mr Winder if you do not wish to put your complaint in writing. In the absence of Mr Winder or if the complaint concerns him then the same can be addressed to Charlotte Bamber.
  11. We reserve the right not to accept your instructions if we deem that course of action appropriate. Our acceptance of your instructions is strictly subject to you complying with our money laundering and anti-terrorism enquiries and identification procedures.

Our fees for residential conveyancing do not apply to commercial or mixed use property and you should contact us for a legal fees estimate to deal with your transaction. The following circumstances generally would not be expected to arise on a transaction but can.

We will charge additional fees on a sale if in the course of your case the following circumstances arise:

  1. You wish us to repay a help to buy equity loan (£360 extra including vat)
  2. We are required to vary your deeds to correct an error with your legal ownership documents (we will seek your agreement to an additional fee)
  3. We are required to arrange indemnity insurance (£90 extra)
  4. We are required to apply to the land register to correct your ownership documents (we will seek your agreement to an additional fee)
  5. We are required to advise or act on an extension to your lease term or vary a lease (we will seek your agreement to an additional fee)
  6. You are selling a shared ownership property where we are required to staircase to increase your ownership share (we will seek your agreement to an additional fee)
  7. You are selling a flat where fire safety issues are identified (we will seek your agreement to an additional fee)
  8. Dealing with you if you are based over seas (we will seek your agreement to an additional fee)
  9. Registration of services with utilities company (£360 including vat)

We will charge additional fees on a purchase if you or your lender request or require us to:

  1. Arrange indemnity insurance (£90 including vat)
  2. Register a second charge including a help to buy Mortgage on the property (£360 including vat)
  3. Correct errors with the sellers legal ownership documents (we will seek your agreement to an additional fee)
  4. Correct errors with the sellers lease ( we will seek your agreement to an additional fee)
  5. Apply to draw down a help to buy ISA bonus or similar scheme (£60including vat)

We will inform you if extra fees are required and seek your prior approval to proceed.