Anyone who has bought and sold property in the United Kingdom will know that it can often be a long and complex process full of jargon and multi-stage processes between buyer and seller. Those experienced in this process, though, might weigh up whether they really need a solicitor to guide them through a sale and whether there might be another, more cost-effective option out there.
Here, we will walk you through all of the things that a solicitor does during the sale of a property to give you a full sense of the job and whether a solicitor is the right choice for your property sale. We will also explore other options, like licensed conveyancers who might be a good option to help with this process if you ultimately decide not to engage a solicitor to manage the sale of your house. There is a lot to consider, especially if your sale involves leasehold or boundary disputes which might make it a more complicated case. In what follows, we will address frequently asked questions and guide you towards a decision that best suits you.
What does a solicitor do during the sale of a house?
Solicitors are registered with the Solicitors Regulation Authority. This means they can manage conveyancing and any legal disputes that might arise during the sale of a property. They manage many parts of a sale and handle all the processes involved in transferring ownership of a property – also known as conveyancing. One of the most important things a solicitor will do is manage communication between you and your buyer. Your solicitor and your buyer’s solicitor will communicate on your behalf, this may reduce any chance of misunderstanding that might make negotiating more complicated. The solicitor will also communicate with your lender, making for a smoother sale process overall – they will also arrange the transfer of funds on completion day. A solicitor will prepare documents you need to provide, like title deeds and gas safety certificates. They can also advise you on any part of the sale and will be able to represent you should any disputes arise throughout the sale process.
Should I instruct a solicitor or a licensed conveyancer?
Both solicitors and licensed conveyancers are experts in the conveyancing process. Solicitors have greater legal knowledge and can handle any disputes that might need to go through the courts. However, on a straightforward sale, conveyancers can be a much more cost-effective option as they typically charge lower fees. On a more complex sale, such as the sale of a leasehold property, a solicitor may be a more sensible option.
If I have a cash buyer, can I do my own conveyancing?
There is no legal requirement to use a solicitor or a conveyancer for a cash sale, however, it is recommended as these professionals are experienced at handling any issues that might come up, such as complicated paperwork, legal issues, and negotiating money laundering regulations. Of course, the process is more or less the same as selling a house to a mortgage buyer but conveyancing yourself does introduce a greater number of risks. It can be helpful to have a solicitor onboard for the process as they will know whether it is appropriate to exchange contracts and complete the sale.
Do I need a solicitor to sell my house?
If you are certain you have a straightforward sale and are confident you can handle anything that might come up along the way then you might decide to do the conveyancing yourself or to hire a licensed conveyancer, who will be able to make the process smoother and more efficient at a rate far lower than a solicitor. However, suppose you are selling a leasehold property or you think you might run into complications or legal disputes. In that case, hiring a solicitor might be your best choice, even if it is more expensive. Of course, both solicitors and licensed conveyancers will take a lot of the pressure off you by handling the communications on your behalf. Ultimately, how you wish to handle your sale is a personal choice but the above FAQ should give you a sense of what to expect from each option.
