Conveyancing Process Selling a Property
Conveyancing Process for selling a property is the carrying out of the administrative and legal steps to transfer the ownership of a property from the current owner or seller to a new owner or buyer.
The Conveyancing Process for selling a property in the UK is often performed by Conveyancing Solicitors or Licensed Conveyancers who may act for private individuals, companies or businesses requiring conveyancing services for a property sale.
The Conveyancing Process - Selling a Property Stages
The conveyancing process for selling a property proceeds through a number of different stages, before final legal completion is reached and the keys for the property are handed over to the new owner. The main stages of the conveyancing process for selling a property include:
- First Stage
- Drafting Contract and Preliminary Enquiry Stage
- Exchange of Contracts
- Sale Completion
- Post Completion
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Conveyancing Process for Selling a Property - First Stage
The conveyancing process for the first stage of a property sale conveyancing matter includes:
- Confirmation of formal instructions, obtaining of full details of the conveyancing transaction for the property sale and carrying out identity checks
- Ensuring National Conveyancing Protocol forms for the sale property are returned and completed
- Receiving a copy of the Home Information Pack
- Confirming Instructions with buyers conveyancing solicitors and selling estate agents
- Requesting initial redemption statement from current mortgage lender
- Requesting and obtaining title deeds from current mortgage lender
- Obtaining any additional documents of title that may be required in order to draft the contract for sale
The next stage of the conveyancing process for selling a property is the Draft Contract and preliminary enquiry stage and includes:
- Drafting and forwarding to buyers conveyancing solicitors or Conveyancers of Contract for sale along with proof of title, supporting title documents and completed Protocol forms
- Forwarding Contract for sale to sellers and obtaining signed copy
- Receipt and forwarding of initial redemption statement from current mortgage lender
- Agreeing Contract amendments with buyers solicitors
- Receiving Preliminary Enquiries from buyers solicitors
- Taking instructions and giving advice regarding Preliminary Enquiries from sellers and obtaining any further information required in relation to the same
- Preparation of replies to Preliminary Enquiries and responding to buyers conveyancing solicitors
The next stage in the conveyancing process for the Sale of a property is know as Exchange of Contracts and includes:
- Resolution of final issues with buyers conveyancing solicitors including agreeing financial allowances, legal indemnity policy provisions, clarification of any final enquiries
- Taking formal instructions from property seller regarding final completion date
- Ensuring signed Contract and any other required signed documents are available
- Ensuring formal Exchange of Contracts is carried out in accordance with instructions received
- Approval of formal form of Transfer as drafted by buyers conveyancing solicitors
- Obtaining formal execution of the approved Transfer Deed by the property sellers
- Drafting of replies final Requisitions on Title and providing response to buyers conveyancing solicitors
- Receipt of deposit funds from buyers conveyancing solicitors (where applicable)
- Request of final redemption statement from current mortgage lender
- Request of final estate agents accounts for approval by property seller (where applicable)
- Issuing financial statements to sellers including final completion statement
The Sale Completion stage of the conveyancing process when selling a property includes:
- Receipt of sale monies from buyers conveyancing solicitors
- Procuring release of keys from selling agents or property sellers
- Confirmation of completion with the buyers conveyancing solicitors and providing of executed Transfer along with any title deeds and documents
- Formal redemption of any current mortgage
- Preparation of formal discharge documents for current mortgage and confirming completion with current lender
- Discharge of estate agents account
- Confirmation of formal completion with property seller and payment of any funds due back in accordance with completion statement
The Post Completion stage of the conveyancing process for selling a property includes:
- Formal discharge for undertaking regarding Transfer Deed from buyers solicitors
- Discharged mortgage lender formally confirming receipt of funds and removal of mortgage charge (where applicable)
- Ensuring discharged from undertaking regard former mortgage by buyers conveyancing solicitors
- Final file check and closure
A sale conveyancing file must be stored for a minimum period of years in accordance with our professional rules following conclusion of the conveyancing process for selling a property.
The Conveyancing Process further information
The Conveyancing Process and emphasis for a conveyancing solicitor or conveyancers depends very much on the matter type. For other matter type Conveyancing Process information choose from the following:
- The Conveyancing Process - General Information in relation to the Conveyancing Process
- The Purchase Conveyancing Process
- The Sale and Purchase Conveyancing Process
- The Remortgage Conveyancing Process
- The Transfer of Equity Conveyancing Process
Conveyancing Process for Selling a Property - further links and information
Further information of the sale conveyancing process can be found in:
- Conveyancing Quotes - Selling a Property
- Legal Fees explained - Property Sales
- Conveyancing Costs and Disbursements - Selling a Property
- Conveyancing Guide - Property Sale
- Conveyancing Solicitors - Legal Conveyancing for Selling a Property
- Conveyancing Services - Selling a Property
- Conveyancing Explained - Selling a Property