VI. Completing the sale and purchase transaction
Steps in completing the sale and purchase of a property:
|
Steps |
Done by |
1. |
Drafts the assignment (*note a). |
Purchaser's solicitor |
2. |
Approves the assignment. |
Vendor's solicitor |
3. |
Vendor arranges for the Purchaser to make a final inspection of the flat. |
Vendor & Purchaser |
4. |
Signs the assignment (and the mortgage, if any). |
Purchaser |
5. |
Gives a cheque for the balance of the purchase price to the Purchaser's solicitor. (If the Purchaser has been granted a mortgage loan, the bank sends the loan money to the Purchaser's solicitor.) |
Purchaser |
6. |
Signs the assignment and gives the keys of the property to the Vendor's solicitor. |
Vendor |
7. |
Gives the cheque(s) for the balance of purchase price to the Vendor's solicitor. This is usually done not later than 5 p.m. (weekday) or 1 p.m. (Saturday) on the completion day (*note b). |
Purchaser's solicitor |
8. |
Gives the assignment and keys to the Purchaser's solicitor. This is usually done not later than 5 p.m. (weekday) or 1 p.m. (Saturday) on the completion day. |
Vendor's solicitor |
9. |
Undertakes to ascertain that all mortgages are paid off within a certain number of days (if Vendor has taken out a mortgage on the property). |
Vendor's solicitor |
10. |
Gives the keys to the Purchaser and stamps the assignment at the Stamp Office (*note c). |
Purchaser' solicitor |
11. |
Arranges for the Vendor to pay off all mortgages (if any) on the property. If no mortgage to be discharged, the balance of purchase price (less legal costs) will be paid to the Vendor. Skip steps 12 and 13 below. |
Vendor's solicitor |
12. |
Issue a discharge of the mortgage, which shows that the Vendor's mortgage loan has been paid off. |
Bank (Vendor's mortgagee) |
13. |
Collects and sends the discharge to the Purchaser's solicitor. |
Vendor's solicitor |
14. |
Registers the assignment with the Land Registry (*note d) (If there is a discharge and a new mortgage, the Purchaser's solicitor should also register them with the Land Registry.) |
Purchaser's solicitor |
15. |
Gives the registered assignment and all other title deeds to the Purchaser (or gives them to the bank if the Purchaser has been granted a mortgage loan). |
Purchaser's solicitor |
*Notes:
a) An assignment is a document transferring the legal title (i.e. property ownership) from the vendor to the purchaser. It will be signed on the completion day.
b) The property will be transferred from the vendor to the purchaser on the completion day . Keys will be delivered to the purchaser and the balance of purchase price will be paid to the vendor within this day (which represents the completion of the sale and purchase).
c) The current stamp duty for an assignment for residential property is $100 (if the preceding agreement for sale and purchase has been stamped).
d) The current registration fee for an assignment is $230 (property price not exceeding $750,000) or $450 (property price exceeds $750,000). For details, please go to the Land Registry's website.