What does a solicitor do during the conveyance process?

Below is an outline of the tasks carried out by conveyancing solicitors during a residential freehold conveyance:

Preparation of the Pre-Contract Package (Seller Solicitor)

This involves the seller preparing the draft contract. This contract will set out the agreed terms between the parties. For example, the purchase price, agreed deposit, contract rate. It will also make reference to any incumbrances that burden the land (for example easements or covenants) and any special conditions that have been agreed between the parties.

Pre-contract searches and enquires (Buyer Solicitor)

There are a number of mandatory and some optional searches (depending on the circumstances) that the buyer’s solicitor will carry out. They will also raise ‘pre-contract enquiries of the seller’.

Investigate Title (Buyer Solicitor)

This is a very important task carried out by the buyer’s solicitor. The purpose of this task is to ensure that the seller is in a position to sell the land. It also will allow the buyer’s solicitor to identify and deal with any problems with the seller’s title.

Approve Draft Contract (Buyer Solicitor)

Provided the buyer is happy with it, at this stage their solicitor will approve the draft contract prepared by the seller’s solicitor.

Exchange of Contracts

This is a crucial point in the conveyancing transaction. After contracts are exchanged, a binding agreement is reached between the buyer and seller and neither party can withdraw from the transaction without incurring a financial penalty. There are specific methods of exchange prescribed by the Law Society.

Prepare purchase Deed (Buyer Solicitor)

The conveyancing solicitor for the buyer will have to ensure this deed is executed in accordance with the applicable law in order for it to be legally valid.

This deed will need to be approved by the seller’s solicitor.

Pre-completion searches (Buyer Solicitor)

These searches are carried out to ensure that the information obtained about the property before exchange remains the same.

Prepare for completion (both parties)

Completion

Completion can take place by personal attendance by the buyer’s solicitor, or through the post using the Law Society’s code of completion by this method.

‘If you require further legal advice regarding conveyancing, you can contact a specialist solicitor today’

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