Conveyancing Solicitors Buying a Property

Conveyancing Solicitors are usually instructed in relation to the purchase of a property.  Conveyancing is a legal term used to describe the process of transferring ownership in the case of a property purchase

When buying a property with a mortgage lender, conveyancing solicitors or Conveyancers also act on behalf of mortgage provider (in accordance with the instructions issued by the mortgage lender) in relation to the conveyancing transaction.

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Online Conveyancing Solicitors - Purchase

Online conveyancing solicitors provide an online conveyancing service to individuals buying a property.   The Online Conveyancing process used by conveyancing solicitors when dealing with property purchases  varies from firm to firm, with some solicitors only advertising online using a website owned by them or by being listed on a website owned by a legal services broker. 

Some specialist online conveyancing solicitors now offer a more efficient online service with legal documents and reports sent to clients by email, conveyancing searches carried out via the online NLIS hub and electronic delivery of documents and services from organisations such as the Land Registry.

Will I need Conveyancing Solicitors for buying a property?

Most people buying a property will require the involvement of conveyancing solicitors or licensed conveyancers to act for them in a property purchase.  DIY conveyancing is possible however comes with huge financial risks.  It is always advisable to seek professional legal advice when dealing with a purchase conveyancing transaction.  In cases where a mortgage lender is funding the purchase, they will insist conveyancing solicitors or licensed conveyancers are instructed.  The cost of the conveyancing solicitors will be paid by the person buying the property (the borrower).  To keep control of the situation you should of course choose and instruct conveyancing solicitors or conveyancers yourself. 

Conveyancing Solicitors Services When Buying a Property

When dealing with a property purchase conveyancing solicitors or conveyancers will be required to deal with a number of issues on behalf of the individual buying a property and any mortgage lender funding the purchase.

Conveyancing Solicitors duties when acting on behalf of the buyer include:

  • Providing costs and complaints information
  • Negotiating and agreeing the legal Contract for the purchase
  • Receiving and reporting on the Home Information Pack for the property
  • Giving legal advice and taking instructions in relation to conveyancing searches required for the property
  • Giving legal advice in relation to the conveyancing search results and legal title to the property (covenants, rights, restrictions etc).
  • Ensuring the property complies with current legislation in relation to the Planning Acts, Building Regulations, Environmental Laws and Regulations and local authority rules
  • Ensuring the legal title to the property is acceptable for current mortgage lending purposes (required even for cash buyers - you may need to sell the property and a future buyer may well need a mortgage even if you don’t require mortgage funding)
  • Reporting full details of all legal aspects in relation to the property to the buyer
  • Ensuring correct execution of all legal documents in relation to the purchase
  • Ensuring any current mortgage in favour of the sellers of the property is repaid in full on completion of the purchase
  • Checking and ensuring financial sums (money secured on the property) is repaid in full on completion
  • Protecting the clients financial interest in relation to the purchase until the keys are handed over and possession given on completion of the purchase
  • Giving legal advice in relation to a mortgage or secured lending being obtained to fund the purchase.
  • Giving legal advice and where instructed delivering to the Inland Revenue a completed Stamp Duty Land Tax Return.
  • Confirming the purchasers Identity to government institutions including the Land Registry
  • Ensuring the title to the property is correctly registered in the buyers name/s

Conveyancing Solicitors duties on behalf of a mortgage lender include:

  • Ensuring compliance with the mortgage lenders formal instructions
  • Ensuring the title to the property is “good and marketable” and suitable for lending purposes
  • Ensuring adequate protection is in place for any title issues that may affect the property
  • Ensuring any conveyancing searches required under the Council for Mortgage Lenders current rules and regulations are correctly obtained and are clear for lending purposes.
  • Preparing and obtaining correct execution of the security documents for the mortgage/loan
  • Ensuring adequate buildings insurance arrangements are put in place by the borrower
  • Ensuring all post completion matters required in relation to the purchase are carried out correctly and within set time limits
  • Ensuring the security document (mortgage deed) is registered against the property at the Land Registry
  • Ensuring any required documentation is delivered to the mortgage lender at the end of the purchase conveyancing transaction

The above lists are not exhaustive and are intended to provide information about the duties your conveyancing solicitors or conveyancers undertake when acting on your behalf when buying a property.  For further information on the buying conveyancing process see our Free Conveyancing Guide to purchasing a property.

For 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:

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