Conveyancing Guide to Selling a Property

The start of the sale conveyancing process – you (the sellers) formally accept an offer given by an interested party (the buyers)

You will need to:

  • Get Conveyancing Quotes for your Sale Conveyancing Fees
  • Choose Conveyancing Solicitors or Conveyancers to act for you
  • Pass your conveyancing solicitors details onto your estate agent

Your conveyancing solicitors will:

  • Give you a conveyancing quote for your sale
  • Open your sale conveyancing file and send your client care information along with the required conveyancing protocol forms for you to complete
  • Request a copy of the Home Information Pack
  • Receive confirmation of your sale from the estate agents

You will need to:

  • Reply to your conveyancing solicitors client care information
  • Complete and return the conveyancing protocol forms
  • Send any legal documents you have for the sale property to your conveyancing solicitors
  • Send a copy of the Home Information Pack to your conveyancing solicitors
  • Provide Identification, Information and usually make a payment on account

Your Conveyancing Solicitors will:

  • Receive and check your completed conveyancing documents
  • Carry out any client due diligence checks in relation to your identity
  • Confirm instructions with your buyer’s conveyancers
  • Confirm instructions with your estate agent
  • Request and obtain a copy of the Home Information Pack (if not received)
  • Provide a copy of the Home Information Pack to your buyer’s solicitors
  • Obtain any conveyancing title documents required from the Land Registry

You will need to:

  • Read and respond to any requests for instructions or information from your conveyancing solicitors

Your Conveyancing Solicitors Will:

  • Draft the formal Contract for the sale of the property
  • Send a copy of the Contract along with the evidence of Title to the property and your completed conveyancing protocol documents to the buyer’s conveyancing solicitors
  • Send a copy of the Contract along with the contract report to you for signature and return
  • Request the buyer’s solicitors to raise appropriate Preliminary Enquiries before Contract
  • Obtain title deeds from your current mortgage lender (where appropriate)
  • Formally request an initial redemption statement (amount owing statement) from your current mortgage lender (where appropriate)

You will need to:

  • Read all reports carefully
  • Raise any issues on the reports provided with your conveyancing solicitors
  • Sign the conveyancing Contract for the sale of your property and return to your conveyancing solicitors
  • Ensure all documents are signed correctly and returned to your conveyancing solicitors

Your Conveyancing Solicitors will:

  • Receive and check your signed and returned sale Contract
  • Chase your current mortgage lender for the title deeds and initial redemption statement
  • Chase Preliminary Enquiries before Contract from the buyer’s solicitors
  • Receive Preliminary Enquiries from the buyer’s solicitors
  • Forward Preliminary Enquiries to you for instructions about the sale property where appropriate
  • Request, chase and ensure receipt of any documents requested by the buyer’s conveyancing solicitors
  • Provide replies to the Preliminary Enquires (following receipt of any replies required from you and any documentation needed)
  • Receive and check the title deeds from your current mortgage lender
  • Receive and check redemption statement from your current lender
  • Provide a copy of the redemption statement to you from your current lender for checking
  • Request a draft Transfer Deed for approval from the buyer’s conveyancing solicitors
  • Ask you for instructions regarding exchange of contracts and completion of your sale
  • Chase the buyer’s solicitors until they confirm they are ready to exchange contracts
  • Formally Exchange Contracts with the buyer’s conveyancing Solicitors

Exchange of Contracts makes the sale Contract legally binding on all parties (both seller and buyer) and ensures that either party cannot withdraw without facing financial penalties.  The legal Completion date of your sale will also be fixed on Exchange of Contracts.  The Legal Completion Date is the day on which you must completely vacate the property ensuring all belongings not included in the sale are removed and the keys are handed over to the new buyers

Important - Once exchange of contracts is confirmed make sure you firm up any removal arrangements you have made on a provisional basis

Your conveyancing solicitors will:

  • Send your signed part of the Contract to the buyer’s conveyancing solicitors
  • Receive the buyer’s signed part of the Contract
  • Ensure the Transfer Deed is agreed and if necessary provide a copy for execution by you (if not dealt with previously)
  • Ensure replies have been provided to the buyer’s solicitors Requisitions on Title
  • Request, chase and ensure receipt of the final redemption statement from your current mortgage lender
  • Request, chase and ensure receipt of any Estate Agents account that we are required to discharge
  • Provide a completion statement (financial statement) to you detailing all costs charged and incurred
  • Request any final balance from you to be deposited in the conveyancing solicitors account in time for legal completion date (where appropriate only)
  • Deal with any outstanding issues resulting from the conveyancing searches undertaken by the buyer’s conveyancing solicitors

You will need to:

  • Ensure you have signed and returned all legal documents to your conveyancing solicitors
  • Send the balance money required to complete your sale to your conveyancing solicitors in time for completion (only where required)
  • Make sure you have confirmed all appropriate removals arrangements where required

The Legal Completion Date

Your conveyancing solicitors will:

  • Receive a same day bank transfer payment from the buyer’s conveyancing solicitors
  • Chase the funds with the buyer’s conveyancing solicitors until receipt is obtained
  • Release keys to your new buyers via the Estate Agent or you following receipt of the sale funds
  • Formally confirm legal completion with the seller’s solicitors and send any title deeds, documents and the your signed Transfer Deed
  • Send a same day payment to your current mortgage lender to repay your current mortgage
  • Formally confirm redemption of your current mortgage and send your lender formal discharge documents
  • Pay your estate agents fees
  • Send any monies due back to you (proceeds of sale) to your bank account (or send a cheque)
  • Formally confirm legal completion with you

You will need to:

  • Move out or ensure the property is cleared
  • Hand over the keys to the new buyers

You will of course move out (or part with possession of the property you are selling) on the legal completion date.  Your conveyancing solicitors will continue with the post-completion legal conveyancing work for you.

Post Completion

Your Conveyancing Solicitors will:

  • Chase until receipt of formal mortgage discharge documents from your mortgage lender
  • Obtain formal confirmation of receipt of your estate agents fees
  • Obtain formal discharge from our undertaking given to the buyer’s solicitors in regard to any mortgage
  • Check the financial ledger on the sale file to ensure it is clear
  • Close the sale conveyancing file
  • Store your sale conveyancing file for the next 5 years as required under our professional rules
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