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Legal advice for sellers

It is a truth universally acknowledged that moving house can be one of life’s most stressful challenges. And it is one that most of us will face at some point or another, so you should be aware of your options.

The wind of change is blowing through the property world. As well as the traditional estate agent sales, there are a variety of other ways to sell your home. You can post details of your home on a "for sale by owner" website or put it up for auction, online or otherwise. The savings can be huge but do not underestimate the time, effort and organisation needed.

Choosing an agent

If you plump for the traditional route and opt for an estate agent, you may want to choose one registered with the NAEA or the Ombudsman, as this will mean they have to abide by a code of practice. You can find one in the area in which you are interested by searching on the NAEA website. All estate agents are bound by the Estate Agents Act, whether or not they are registered with a governing body.

When you use an estate agent to help you sell, you have to sign a legally binding contract. Before signing, be sure to read the small print. Find out whether you have the right to cancel the contract and check how long it runs. The terms "sole agency", "sole selling rights" and "ready, willing and able purchaser" must be explained in writing if they are used in a contract.

Estate agents charge fees to sellers, not buyers, so make sure you know how much you will have to pay and under what circumstances.

Valuation

It pays to do some research to make sure you achieve the best price in the shortest time. You can get an idea of prices in your area by looking on the Land Registry website. When having your home valued, it is best to get three valuations from estate agents for a balanced view, but try to remain realistic if you are looking for a quick sale.

Do I need a HIP?

Since 1 August 2007, vendors with properties consisting of four or more bedrooms need a Home Information Pack before selling. The idea is that the packs contain all the information on a property that is currently only revealed once someone has made an offer.

As for the cost, that depends on the agreement between the seller and compiler of the pack, usually your estate agent. Alternatively, you can put it together yourself, paying each organisation for the relevant component (for example the Land Registry for the title document).

Do I have to pay tax?

If you are selling a property that is your main residence you won’t have to pay tax on it (if you are married or in a civil partnership you can only have one such home between you). If you are selling a property that is not your main home, it is likely that you will have to pay Capital Gains Tax.

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