Conveyancing frequently asked questions

• How do I choose a conveyancer?

  The best way is by recommendation from a friend, family or trusted advisor. Remember that this is an important transaction and that cheapest is not necessarily best.

• Do I need a conveyancer for a remortgage?

  You may not do so but your lender will insist that a conveyancer is instructed to protect its interest and ensure it gets security over the property. You will normally have to pay the lender’s fees.

• When should I instruct a conveyancer?

  If you are selling property, you should instruct a conveyancer before you put your home on the market. On the other hand, if you are planning on buying a house you should instruct a conveyancer as soon as possible after your offer has been accepted. However, it's advisable to start making your selection and getting quotes before making an offer, this way the conveyancer can start the process much earlier.

• Do I need a conveyancer when selling a house?

  In theory if you don’t have a mortgage you could try to do it yourself, but in practice that is very difficult and if you do have a mortgage the lender will require a conveyancer to protect its interests.

• What checks does a conveyancing solicitor do?

  The conveyancer checks the legal title to make sure the seller has the power to sell and that the property is not subject to adverse rights or interests. They also carry out searches with local, environmental and other authorities.

• Do conveyancers check bank statements?

  Yes, usually as part of their compulsory compliance and anti-money laundering checks.

• How long do conveyancing checks take?

  It varies but usually 4-6 weeks.

• What documents are needed for conveyancing?

  Documents of title to property, searches and mortgage documentation.

• Can I use online conveyancing?

  Yes, but the quality of this is often low and communication poor.

• Do all conveyancers provide a no sale no fee guarantee?

  No - doing so means that the clients whose transaction goes through effectively subsidise those which don’t.

• What is included in conveyancing fees?

  The cost of the conveyancer’s time and expertise for doing the work. ‘Disbursements’ are added to the fees which are the amounts paid by conveyancers to third parties as part of the transaction - for example search and land registry fees, and SDLT (stamp duty).

• What are Title Deeds?

  This is the name given to the set of documents that prove the ownership of a property. Nowadays an Office Copy Entry (OCE) is the only document that is considered a Title Deed and it is conclusive on ownership of properties. It is only if a property is unregistered that we require the original deeds.

• What is a Transfer Deed (TR1)?

  The Transfer Deed (TR1) is the legal document which transfers the ownership of the property from the seller to the buyer. The Transfer Deed must be signed in the presence of independent witness, such as a neighbour or friend, who must state their full name and address next to the client’s signature. If you would prefer to, you can attend your conveyancing firm’s office to have this witnessed by one of the solicitors at the firm.

• What’s the difference between exchange and completion?

  Contracts are exchanged once there is an agreement between the seller and buyer to sell/buy the property, all aspects of the transaction have been dealt with and a date for completion has been agreed. Once contracts have been exchanged the transaction is legally binding, meaning both parties must complete on a date agreed; however, there still remain some final formalities to be taken care of on the completion date. Once the formalities are complete, the buyer can move into their new home.

• What is a freehold property?

  A freehold property is one which is owned permanently by a person. There are very seldom any lengthy restrictions and usually an owner can do what they like with freehold properties, subject to planning permission and other legal requirement.

• What is a leasehold property?

  A leasehold property is one where there is limited ownership for example a person can have a property for 99 years only or 125 years and some leases are as long as 999 years. These are generally flats and maisonettes. They have a lengthy document called a ‘lease’ which states in detail what a person can do with a property and what they cannot. For example, it may state whether pets can be kept in the flat, whether the floor must have carpet, how often the flat must be painted. Leases can also limit the period for which a flat can be rented.

• When do I get the keys?

  These are usually left with the estate agents (if any) and the buyer collects them once the money has been paid over on the day of completion. If there are no estate agents (or this is not convenient), the seller will hand them directly to the buyer.