The legal process of transferring ownership of a property from seller to buyer is called “Conveyancing”. If you’re having a mortgage then you will need qualified legal professional to do this for you and this is also advisable for cash buyers. Deciding who to use is a minefield, so here are some useful points to help you make the right decision.
A solicitor has been trained in all aspects of law and has chosen to specialise in conveyancing. A licensed conveyancer specialises specifically in, you guessed it, conveyancing! Conveyancers are dedicated to dealing with property sales and purchases and have not been trained in other areas of the law. If you need to wrap probate or matrimonial advice around your conveyancing, then a solicitor will provide comprehensive advice under one roof.
The question here is do you really want to meet someone face to face, or does it suit you better to be in contact by phone and e-mail? Online solicitors and conveyancers have become increasingly popular and offer very competitive prices, but a local professional should have good knowledge of the local area and that can be highly valuable. Your estate agent will have relationships with a number of local solicitors and conveyancers, but ultimately you should always make your own informed decision on who you’d like to use.
Here are some questions to ask whilst you are shopping for a quote, designed to help you choose the right person for you:
It’s best to get a few quotes to compare, but don’t base your decision on price alone. You need to know whether you’re getting value for money - a solicitor who is proactive and updates you regularly will make your move a lot smoother! Don’t be afraid to ask questions, remember, they are working for you.
Once you’ve decided on the right firm, you’ll be sent some forms to complete either via a portal or by e-mail. You need to complete these as fully as possible because they confirm your instructions and start the conveyancing process moving. If you delay completing the forms the process will not start.
It’s likely you’ll have already provided the estate agent with your ID, so don’t be annoyed when as part of instructing the law firm, you are asked to provide this again. You’ll also be asked to show proof of funds and the firm will tell you what they need from you. Both are necessary requirements that have to be followed to comply with government Anti-Money Laundering Regulations. If you're MoveReady, you can do this simply by sharing your MoveReady pass with your conveyancer securely from the MoveReady mobile app.
You will be asked for a payment up front and most firms do accept card payments.
The remaining legal fees and any other payments due will be listed on a detailed completion statement. When buying, any monies you owe for legal fees are usually paid a few days before the completion date. When selling, any legal fees are taken from the sale proceeds.