The conveyancing process is a critical component of buying or selling property, involving a series of steps that transfer legal ownership from the seller to the buyer. The process can often seem daunting, especially for first-time buyers or sellers. It is a complex journey that involves multiple stages, each with its own set of tasks and legal requirements. However, understanding the process can demystify it and make the experience less stressful.

Here is a helpful guide to the steps you can expect during the conveyancing process.

Instructing a Solicitor

Once an offer on a property is accepted via an estate agent, the first step is to instruct a property lawyer to handle the legal aspects of the transaction. Your solicitor will confirm their instructions by letter, setting out the terms of business and the fixed fee costs. They will also carry out identity checks and other necessary anti money-laundering checks.

Pre exchange

Your solicitor will start the process by obtaining the title deeds for the property, or official copies of the title register from the land registry. This will confirm who is the legal owner of the property and whether the seller can sell the property. If you are selling, you will be provided with various forms to complete that provide details about the property and what will be included in the sale. Details of any outstanding mortgage will also need to be obtained. “Property searches” will be requested to provide information about the property and its surroundings. These searches can include local authority searches, environmental searches, mining searches and water and drainage searches. If the results are not satisfactory, the buyer can still withdraw from the transaction at this point.

Contracts and Exchange of Contracts

The draft contract is then prepared by the seller’s solicitor, along with supporting documentation, which is sent to the buyer’s solicitor for review. Pre-contract enquiries are then raised and answered, and the buyer’s solicitor reports on the search results and mortgage offer, if applicable to the client. Once both parties are satisfied with the contract terms, the contracts can be signed in preparation for exchange.

The exchange of contracts is the point at which the agreement becomes legally binding. A completion date is set, and both parties commit to the transaction.

Completion

Leading up to the completion date, final checks are made, and arrangements for the transfer of funds are put in place. On the completion date, the buyer’s solicitor will send the purchase funds to the seller’s solicitor. Once received, the seller should vacate the property and hand over the keys, usually through the estate agent.

Post-Completion

After completion, there are still a few tasks to handle, such as paying any Stamp Duty Land Tax and registering the new owner with the Land Registry. These are tasks that your solicitor will complete on your behalf.

By understanding each step of the conveyancing process, you can prepare for what is ahead and work closely with your solicitor to ensure a smooth transaction. Remember, every property transaction is unique, and there may be additional steps or variations depending on the specifics of your situation. In particular, buying a house is often less involved than buying a flat, which is a leasehold title.

For more detailed information on each step and to ensure you have the most current advice, our dedicated property team are here to guide and support you through the process. They can provide tailored guidance and support throughout. Happy moving!

Conveyancing Solicitors London and Guildford

Whilst we understand the Conveyancing process may appear overwhelming, at Gordons Partnership, we are always available to assist and guide our clients through the step-by-step process of their transaction.

To speak to our specialist Residential Property Solicitors, call us on 01483 451 900 or 020 7421 9421. Alternatively, you can email us or make an online enquiry, and we will call you.

About the Author

Bethany Williams

Bethany Williams

Trainee Solicitor