Buying a house is one of the biggest purchases you’ll make in your lifetime. Before making any purchase, thorough research and planning are needed to make the right purchase, as well as a lot of documents.
Rushing to buy a house is not a good idea. It can lead to poor decision-making, which can be a disaster for your finances and cause a lifetime of problems. And because of this, there are a lot of documents and processes involved in buying a property. It is crucial to secure the necessary legal documents.
What is Conveyancing?
A process of transferring ownership from the seller to the buyer is called conveyancing. This process requires a licensed conveyancer to work on behalf of the buyer. Conveyancing includes all the paperwork needed to make the purchase legal.
Here are the legal documents needed before buying your desired property:
Intent Letter
When a buyer has shown interest in a property, the first document they will need is the letter of intent. The buyer will express their intention to buy the property and the price, deposit amount, mode of payment, and time needed for the buyer to evaluate the property correctly. Aside from keeping the letter brief and straightforward, it should contain a deadline to create an agreement.
Property Purchase Agreement and Sale Deed
A property purchase agreement is a contract between the seller and buyer that contains the transaction details. The buyer and seller will negotiate back and forth before they agree, and once both parties are satisfied, they will approve the agreement and sign the contract.
This contract will bind them legally, and it called a sale deed. A sale deed is the absolute transfer of ownership. The buyer will become the new owner, including all the interests and rights of the property.
Some basic details in the purchase agreement are buyer and seller information, details of the property, pricing, deposit, closing cost and date, and conditions that can terminate the contract.
Deed of Trust
A deed of trust is an agreement between the lender and borrower. It gives the property a third party that will act as the trustee. The role of the trustee is to hold the property until the buyer completes the debt. In this case, the lender holds the legal title, but the borrower has full responsibility for the property. A majority deed trust contains a power-of-sale, non-judicial closure, wherein the trustee can sell the property without any court order. This usually happens when the borrower fails to pay the debt.
General Warranty Deed
A general warranty deed is a type of document used to provide complete protection to the buyer. This means the seller/ previous owner guarantees no issues with the title, such as outstanding balances, mortgages, and other liabilities. A warranty deed gives the buyer the best form of protection. It is particularly important when trying to get title insurance or financing.
Property Deed Transfer
Another essential document to secure is the property deed transfer. It legally transfers the ownership of the seller to the buyer. In the deed, information such as the description of the property being transferred, the seller and buyer’s name, and importantly, both parties’ signatures. Property deed transfer is proof of ownership, and you can also see the list of previous owners on the document. The deed includes the reference of the original deed of transfer, which contains a property diagram.
Quit Claim Deed
One of the quickest ways to transfer a property to the buyer is a quit claim deed, which transfers all the property rights to the buyer. However, it does not offer protection for the buyer. A quit claim deed is often used among family members because the risk of fraud is lesser than with a complete stranger, and the process is faster. This is also used in non-cash transactions and purely for the transfer of the property’s name.
Mortgage Agreement
Mortgage agreement legal documents made by the borrower states it will give up their rights to the property whenever they fail to pay the debt. A mortgage agreement is needed when you are lending money to buy a property.
Conclusion
There is plenty of paperwork needed when you are trying to buy a property. All these documents are designed to protect all the parties involved and reduce the risk of fraud in the real estate transaction. However, it is highly encouraged to get a licensed individual to help you with all the paperwork. Deciding to do it yourself can result in a poor outcome, which will cost more time and money in the long run. Type conveyancer near me in a search engine today to get started.
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We hope you found this blog post 7 Legal Documents Needed Before Buying a Property useful. Be sure to check out our post 5 Pieces Of Legal Advice When Buying Your Own Home for more great tips!
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