Property - Frequently Asked Questions

Q: How much does it cost?

A: The simple answer to this question is that it can cost a lot of money to use a Solicitor if you have ignored or failed to deal with a problem, however simple it initially seemed.

It can also be relatively inexpensive if you take the time to ask your Solicitor for advice and help to plan your legal affairs and thus minimise or prevent problems.

When you instruct a Solicitor in England and Wales. The Solicitor is required by the Solicitors Regulation Authority, the Law Society and the Legal Services Commission to provide a level of service that offers clients the best protection.

Indeed, Solicitors in England and Wales can be justifably proud that the level of protection available to their clients is probably the best in the world.

In addition to this all Solicitors are legally required to carry Professional Indemnity Insurance. Unfortunately this is a fixed cost that has to be factored into any charges.

At Martin Gaffney Solicitors we aim to minimise the cost to the client by proactive management of their matters and wherever possible giving fixed cost quotations.

Q: How long will it take from start to finish?

A: Some people would answer this question with the stock phrase of "How long is a piece of string". At Martin Gaffney Solicitors we aim to be a little more precise than that!.

For instance if the matter is a simple trasnaction such as the registration of a document then we can usually accurately predict the timescale . Transactions such as house sales and purchases on average take six to eight weeks, provided there are no delays caused by third parties such as mortgage lenders.

Q: Will I have to come into your offices?

A: The majority of transactions will not require a visit to our offices. That said we do actively encourage you to visit us or if necessary we will visit you. This is particularly important in property trsnactions because a document is more easily explained face to face with the client. Unlike some legal service providers who actively discourage contact with clients by using call centres. We at Martin Gaffney Solicitors like to positively engage with the client

Q: Is there a lot of paperwork involved?

A: There can be quite a lot of paperwork involved in a transaction. Since the advent of the computer and in particular the internet, estate agents, mortgage lenders, Sellers/ Buyers Solicitors, have generated more and more paperwork.

At Martin Gaffney Solicitors do our best to keep paperwork to a minimum.

Q: My daughter and her boyfriend are buying their first house. I want to give or lend them the deposit.

A: This is a very common situation, particularly since most lenders require a deposit of 20% of the purchase price. Unless the Buyers have the money saved, often a relative will volunteer to assist. Where this happens we recommend that the gift or loan is protected by way of a Declaration of Trust. Please call us or use the Contact Form on the website if you require any further information.

Q: I gave my son and his partner the deposit for a house. They have since parted and my son said that I cannot have the money back. Is this correct?

A: If the money was not protected by a trust then sadly this could well be the case. Please call us or use the Contact Form on the website without delay should you require any further information.

Q: The Bank has offered me a business overdraft. They want me to put my house up as collateral. They are insisting that my wife, who does not work in the business, sees an independent Solicitor. Can they do this?

A: Yes, your wife/ partner or any other co-owner of the property will need to have a Solicitor act on their behalf to ensure that they fully understand the risks and nature of the transaction.

As a result of recent caselaw the requirements to protect both co-owners of property and lenders have detailed the need to follow a set of recommendations set down by the House of Lords in the case of RBS v Etridge [2001].

Please call us or use the Contact Form on the website shoud you require any further information.