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Legal fees -- how to avoid any nasty surprises

The purchase of a home is a complex matter. But working out who provides the best deal on lawyer's fees shouldn't be.

That is because all of Bermuda's law firms, large or small, adhere to a minimum fee schedule set down by the Bermuda Bar Council, the elected body that supervises the island's legal profession.

For that reason, you can reasonably expect conveyancing fees to be roughly the same whichever firm you choose as your legal advisors.

The fees, which were increased last September for the first time in four years, are set in reference to the purchase price of a property.

If you are buying a house for $300,000, your lawyer will charge you a conveyancing fee of $3,725. The fee rises to $5,225 on the purchase of a $500,000 home.

Remember that those are minimum fees. Your lawyer may charge between $500 and $1,000 above those fees depending on the complexities of the title to the property, or any lengthy negotiations over the terms of the purchase. You will be charged an additional $500 if your lawyer prepares the Sale and Purchase Agreement.

If you are buying your house with the help of a mortgage, the Bar Council recommends a minimum legal fee of $2,400 for the preparation of documents in respect of a $300,000 mortgage and a minimum legal fee of $2,950 in respect of a $500,000 mortgage.

Aside from the fees, you will also have to pay any disbursements, which are the fees paid out by your lawyers to Government to determine whether previous owners of the property have adhered to planning laws, and whether there are any claims registered against the property.

The planning search, during which Government checks their planning records and inspects the property for any noticeable breaches of planning laws, costs $315.

Even if you are happy to dispense with a planning search, thereby saving $315, your lender will require a clear search if you are buying with the help of a mortgage.

Title to the property must also be reviewed. This is done at the Registry-General and at the Supreme Court Registry office, and includes a check against the name of each owner over the last 20 years.

Your lawyer will look for the details of any court judgements, mortgages, voluntary conveyances or divorces, which may be registered against an owner of the property.

Fees vary, but Government normally charges between $17 and $50 for such an inspection.

Stamp duty Just as the legal profession has a fees schedule, so does Government for the purpose of calculating the stamp duty that is payable on the purchase of your home.

Government levies stamp duty at a rate of between two per cent and six per cent of the purchase price. In the example of a $300,000 house purchase, you will pay stamp duty of $8,000. If the house you are buying costs $500,000, the stamp duty will be $14,000.

Similarly, Government charges stamp duty on the value of any mortgage that you take out to assist with the purchase of your home. The stamp duty on a $300,000 mortgage is $750, while the stamp duty on a $500,000 mortgage is $1,250.

Those fees are in addition to the arrangement fee, normally one per cent of the amount of the mortgage funds, that your lender will charge you.

Keeping track of the various fees, disbursements and duties can be difficult.

For that reason, working out those fees early on, or asking your lawyer to do so on your behalf, can help you to avoid a nasty surprise when it comes time for closing.

I am often asked for a quote in respect of all fees at my first meeting with a client, and I am always happy to oblige.

A few days before closing, your lawyer will prepare a closing statement that will tell you how much money you must pay to them to complete your purchase of the property. That figure will include all legal fees, stamp duty, disbursements, mortgage advances, land tax apportionments, and maintenance fees if you are buying a condominium.

Remember that the seller will frequently agree to pay 50 per cent of your legal fees, disbursements and the stamp duty in respect of transferring title to the property. How those costs will be shared is a matter for negotiation between a buyer and a seller.

Attorney Georgina Simpson is a member of the Property Department at Appleby Spurling & Kempe. Copies of Ms. Simpson's columns can be obtained on the Appleby Spurling & Kempe web site at www.ask.bm.

This column should not be used as a substitute for professional legal advice.

Before proceeding with any matters discussed here, persons are advised to consult with a lawyer.