Conveyancing Solicitors Buying & Selling

Conveyancing Solicitors are usually instructed by clients who are buying and selling a property. 

Conveyancing is a term often used to describe the legal process involved in transferring the ownership of a property from one person/s to another. 

When buying and selling a property with mortgage lender involvement the conveyancing solicitors or conveyancers will also act on behalf of both the outgoing mortgage lender and new mortgage lender in relation to the conveyancing.

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Online Conveyancing Solicitors - Sale and Purchase

Online conveyancing solicitors provide an online conveyancing service to people buying and selling a property.   Online Conveyancing processes currently used by conveyancing solicitors when dealing with property sales and purchase can vary.  Some conveyancers and conveyancing solicitors only advertise online with a website directly or by way of listings on a website provided by a legal services broker.

Dedicated online conveyancing solicitors can provide an effective and efficient online conveyancing service for buying and selling property by providing legal documents and reports to clients by email, utilising online services to carry out conveyancing searches via the Law Society’s recommended online NLIS hub and by accepting electronic delivery of documents and services from organisations such as the Land Registry, Local Authorities (where available) and Inland Revenue.

Will I need Conveyancing Solicitors for Buying and Selling a property?

Buying and Selling a property will usually require the services of conveyancing solicitors or licensed conveyancers.  Do it yourself conveyancing is not impossible, however most conveyancing solicitors and conveyancers will insist property sellers give instructions to conveyancing solicitors to issue the legal Contract for the sale.

Conveyancing solicitors or conveyancers also  provide the required undertakings (legally binding promises) given to buyer’s solicitors in a sale conveyancing transaction.  Buying a property without using conveyancing solicitors is a huge financial risk unless you are fully aware of the issues required to be checked before handing over any money.  It is always advisable to seek professional legal advice when dealing with a property sale and purchase transaction, not least for the conveyancers legal experience and expertise at handling the dreaded “chain”. 

When buying and selling property with mortgage lender involvement the mortgage lender/s will insist conveyancing solicitors or conveyancers are appointed to ensure full repayment of the mortgage on the sale side and to ensure their security is safe in relation to the purchase. 

Conveyancing Solicitors Services - Buying and Selling a Property

Dealing with a property sale and purchase on your behalf includes various duties for your conveyancing solicitors or conveyancers:

  • Providing costs and complaints information
  • Drafting and negotiating the legal Contract for the Sale
  • Negotiating and agreeing the legal Contract for the purchase
  • Receiving and providing a copy of the Home Information Pack for the property to the buyers conveyancers
  • Receiving and reporting on the Home Information Pack for the purchase
  • Deducing title to the property to the buyers conveyancing solicitors
  • Checking title to the purchase property
  • Ensuring the purchase property complies with all current legislation (including Planning Law, Building Regulation etc)
  • Providing and obtaining all documents required to be completed by the sellers under the Law Society’s National Conveyancing Protocol (used in most cases)
  • Giving legal advice and obtaining the sellers/buyers instructions in relation to preliminary enquiries raised by the buyer’s conveyancing solicitors (or seller’s replies to enquiries) in relation to the title provided
  • Giving advice, taking instructions and reporting on any conveyancing searches required for the purchase property
  • Reporting full details of all legal aspects in relation to the sale and purchase of the property
  • Ensuring correct execution of all legal documents in relation to the property sale and purchase
  • Ensuring any current mortgage in favour of the sellers of the property is repaid in full on completion of the sale
  • Providing and complying with undertakings given to the buyers solicitors in relation to the sale and ensuring compliance with any required for the purchase
  • Giving legal advice for the protection of any deposit monies given or received on exchange of contracts
  • Protecting the clients financial interest in relation to the sale and purchase until the full sale monies are received and keys handed over for the new property
  • Confirming the Sellers/Buyers Identity to government institutions including the Land Registry
  • Ensuring the Transfer deed for the saleof the property is correctly drafted and the seller released from any legal obligations in relation to the property
  • Giving legal advice in relation to obligations created for the purchase property and any mortgage

Conveyancing solicitors duties for a mortgage lender for a sale conveyancing transaction include:

  • Ensuring the mortgage lenders instructions are correctly and formally complied with
  • Ensuring adequate funds are available for full redemption (repayment)
  •  Receiving the sale monies as agent for the mortgage lender
  • Formally redeeming the mortgage on completion of the sale in accordance with the mortgage lenders instructions
  • Ensuring the mortgage is formally and correctly discharged and removed from the property register

Conveyancing solicitors duties when acting on behalf of a mortgage lender in relation to the purchase transaction include ensuring:

  • Full and correct compliance with the mortgage lenders formal instructions
  • Checking title to the property is “good and marketable” and represents suitable legal security for lending purposes
  • Adequate cover is obtained and placed on risk for any title issues
  • Conveyancing searches needed under the Council for Mortgage Lenders current rules and regulations are obtained and are clear for lending purposes.
  • Correct preparation and execution of the security documents for the mortgage/loan (mortgage deed or legal charge)
  • Adequate, compliant buildings insurance arrangements are effected
  • All matters required following completion are carried out correctly and within set time limits
  • Security document (mortgage deed) are correctly registered against the property at the Land Registry within set time limits
  • All requested documentation is delivered to the mortgage lender at the end conveyancing transaction

The information provided above is not exhaustive and is intended to provide information to the general public about the duties your conveyancing solicitors or conveyancers carry out when acting on your behalf when selling a property.  For further information on the sale and purchase conveyancing process see our Free Conveyancing Guide to buying and selling a property.

Further information on the legal conveyancing work carried out by conveyancing solicitors during the course of a property transaction click the required property transaction type:

Conveyancing Solicitors

To obtain an estimate of costs for a conveyancing transaction, other than a sale and purchase conveyancing matter choose from the following links:

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Use our Conveyancing Calculator for Sale and Purchase Conveyancing Solicitors Fees Online.

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