Property Guides

Buying:

  1. General Buying Tips
  2. The Buying Process
  3. Getting a Survey
  4. Conveyancing
  5. The Legal Stages
  6. Completion & Moving
  7. First Time Buyers

Selling:

  1. General Selling Tips
  2. Moving Check-List

Renting:

  1. General Renting Tips
  2. Your Responsibilities

Letting:

  1. General Landlord Tips
  2. Tenants & Property
  3. Buying to Let

Overseas:

  1. Country Guides

Investment Property

  1. Investment Property 1
  2. Investment Property 2
  3. Investment Property 3
  4. Choices Acquisitions
  5. Free Tutorial

All About Conveyancing

In this section:

  1. Searches
  2. Potential charges
  3. Choosing the right solicitor
  4. Time and distance

When buying or selling a property you will typically need the help of a Conveyancer to deal with the paperwork and legal proceedings. What does the solicitor actually do though if you are buying or selling your property?

When selling a property your solicitor will draw up the contract for the sale, apply for the title deeds from your lender and deal with enquiries from the seller's solicitor.

The buyer's solicitor will also organise searches, send a list of questions about the property to the seller's solicitor and liase your mortgage lender.

When buying a property, your solicitor will normally also act on behalf of your lender who will insist on certain “searches”.

Searches

All lenders will require you to perform a local authority search on the property that you propose to buy. The search displays details of any planning permission given on the property you are buying and any plans to build roads within 200 metres of the property.

It will not however inform you if planning permission has been granted on any neighboring properties or land. Unless you pay more for a detailed “plan search” then it is possible that a new Cinema could be built behind your new home in the coming year without you knowing.

Your lender will also insist that your solicitor undertake a drainage search, detailing whether wastewater goes into a public or private sewer. A land registry search will also be required to check the property has no changed hands. A land charges search will also be required to ensure that you are not a bankrupt.

The water search will be done at the same time as the local authority search. The land registry and land charges searches will be performed later in the buying process.

Potential Charges

Solicitors structure their charges in different ways - some charge a fixed fee, others a percentage of the value of the property. Fees start at approximately £500 and can rise to £1,500 or more on expensive properties.

In addition to the standard solicitor fees you will also need to pay for disbursements. This will include everything else a solicitor will charge you for during the process including the transfer of money from your lender to the seller's account, VAT, postage and any other costs incurred in carrying out their work.

Your solicitor will also bill you for stamp duty. This is payable on purchases above £60,000, unless the property qualifies for an exemption - your solicitor will tell you if it does.

Choosing the right solicitor

You should take several things into consideration when choosing a conveyancer. When trying to decide which solicitor to employ, fees are not the only thing that should concern you.

On a personal level, do you get on with the person you're talking to and is this who you will be dealing wit? Do they take the time to explain things properly and clearly to you or are they the type who will assume you always know what they are talking about? Buying property can be a confusing task so it is best to have a solicitor who will slowly outline all of the detail to you.

When it comes to choosing a solicitor, there are a number of ways of going about it but personal recommendation is the best. If do not have any recommendations, you could ask your lender or the estate agent if they can suggest someone, or contact the Law Society. Some people prefer to use the family solicitor while others prefer to go to a licensed conveyancer who deals solely with property matters. Obtaining two or three quotes from different solicitors and licensed conveyancers will enable you to compare their prices and services.

Ask for a breakdown of what the fee includes and find out when your conveyancer can be contacted and how. Location may also be a factor and if you are relocating out of your area, you will have to decide whether to employ a conveyancer in the area that you are in currently or the area that you are moving to.

Time and distance

For many, receiving all documentation by post is adequate for their purpose so the solicitor can, in theory, be based anywhere. If you want to move your purchase through in a hurry it may be better to use a solicitor in your local or near you place of work.

Remember that there will be “long” (days, maybe a week or more) stretches of time when you will not hear anything from your solicitor because they will be waiting for answers to queries or the results of your local search. However, do not be afraid to telephone for an update - any good solicitor will be happy to assist at any time.