Conveyancing Solicitors Selling a Property

Conveyancing Solicitors are usually instructed by property sellers to act on their behalf in the sale of their property.  Conveyancing is used to describe the legal process of transferring ownership in the case of a the sale of a property. 

When selling a property where the owner currently pays a mortgage, conveyancing solicitors or Conveyancers also act on behalf of mortgage lender (in accordance with the instructions issued by the mortgage lender) in relation to conveyancing and final redemption (repayment) of the mortgage on completion of the sale to the new buyers.

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Online Conveyancing Solicitors - Sale

Online conveyancing solicitors provide an online conveyancing service to individuals selling a property.   The Online Conveyancing process used by conveyancing solicitors when dealing with property sales can vary from conveyancing solicitors firm to firm, with some conveyancers advertising online with a website directly or by way of listings on a website provided by a legal services broker. 

Specialist online conveyancing solicitors offer an efficient online conveyancing service for property sales often sending  legal documents and reports to clients by email, carrying out conveyancing searches via the Law Society’s recommended online NLIS hub and by utilising electronic delivery of documents and services from organisations such as the Land Registry and Local Authorities (where available).

Will I need Conveyancing Solicitors for Selling a property?

Most people Selling a property will require the services of conveyancing solicitors or licensed conveyancers. DIY conveyancing is not impossible, however most conveyancing solicitors and conveyancers will require a property seller to instruct solicitors to issue the legal Contract for the sale of the property and to provide the required undertakings (legally binding promises) in relation to certain duties to be carried out.  It is always advisable to seek professional legal advice when dealing with a property sale transaction. 

When a mortgage lender currently has security registered against the property conveyancing solicitors or conveyancers will be required by the mortgage lender to receive the sale monies and ensure the mortgage is fully repaid before handing over any legal transfer documents.  The cost of the conveyancing solicitors will be paid by the person selling the property.  To keep control of the conveyancing costs and property sale conveyancing progress you should of course choose and instruct your own conveyancing solicitors or conveyancers when selling a property. 

Conveyancing Solicitors Services When Selling a Property

Dealing with a property sale comprises of various duties for your conveyancing solicitors or conveyancers including:

  • Providing costs and complaints information
  • Drafting and negotiating the legal Contract for the Sale
  • Receiving and providing a copy of the Home Information Pack for the property to the buyers conveyancers
  • Deducing title to the property to the buyers conveyancing solicitors.
  • 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 instructions in relation to preliminary enquiries raised by the buyer’s conveyancing solicitors in relation to the title provided
  • Obtaining and providing relevant documentary evidence to the buyers conveyancing solicitors where requested
  • Reporting full details of all legal aspects in relation to the sale of the property to the seller
  • Ensuring correct execution of all legal documents in relation to the property sale
  • 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
  • Giving legal advice for the protection of any deposit monies given on exchange of contracts
  • Protecting the clients financial interest in relation to the sale until the full sale monies are received
  • Confirming the Sellers Identity to government institutions including the Land Registry
  • Ensuring the Transfer deed for the sale of the property is correctly drafted and the seller released from any legal obligations in relation to the property

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

  • Ensuring compliance with the mortgage lenders formal instructions
  • Ensuring the funds for the sale are adequate to repay the mortgage on completion of the sale
  • Receiving the sale monies as agent for the mortgage lender
  • Formally redeeming (repaying the mortgage) in accordance with the mortgage lenders instructions
  • Ensuring formal discharge of the mortgage takes place and the charge removed from the Land Register property register

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 conveyancing process see our Free Conveyancing Guide to 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:

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