When do I need to use a conveyancing lawyer?

As the selling party, your conveyancing solicitor will start work once you have accepted an offer from a buyer. They will provide proof of your ownership, either with title documents from the Land Registry or from your title deeds. They will provide these, along with a contract of sale and your Energy Performance Certificate to the buyer’s conveyancing solicitor.

If you are buying a property, your conveyancing solicitor receives these documents and inspects the contract for sale. They will also conduct local authority and drainage and water searches, as well as any extra searches they feel are appropriate. A chancery search can reveal if there are charges on the property relating to the local church authority. An environmental search can reveal local contamination and risk of flooding.

Once the terms of sale are agreed contracts can be signed and exchanged. At this point the sale becomes binding in law. A completion date is fixed and a deposit paid. The seller’s conveyancing solicitor will prepare a statement of account relating to the sale, showing any monies paid and the balance of monies owed.

The seller’s solicitor receives the balance of money from the buyer on completion day. At this point they will make any deductions for the work they have done, and make any payments owed to any mortgage lenders. Once all payments are made, the balance of funds can be released to the seller. On completion the buyer’s solicitor will arrange for a Deed of Transfer to be signed.

Although it is possible to carry out conveyancing work yourself, many mortgage lenders will not permit this, and it is possible to make mistakes. Using a conveyancing lawyer greatly reduces the likelihood of errors, and provides some insurance should anything go awry.

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