When it comes to buying a house, there are numerous different hoops to jump through during the process. As well as keeping up with all the related costs that go hand in hand with buying a house, it’s also important to stay across the legal side of real estate. You may or may not have dealt with conveyancing solicitors before, but they play a pretty pivotal role in making a house purchase possible for both buyers and sellers. When you look at the evolution of real estate in the UK, it’s clear that a good conveyancing solicitor is essential for a smooth and fuss-free purchase. But, what is their role and what do they actually do? The truth is, there is much more to a conveyancing solicitor than you might realise. It’s a hands-on role which involves excellent communication and high levels of organisation.
The Role of a Conveyancing Solicitor
Essentially, conveyancing will cover all of the work required to hand over the property ownership from the seller to the buyer, including all legal and administrative paperwork. As soon as a buyer has made an offer on the property and it’s accepted by the seller, the work of a conveyancing solicitor begins right away.
The actual role of a Conveyancing Solicitor depends on whether they’re representing the seller or the buyer of the property. A buyer’s conveyancing solicitor will always have slightly more to do and heavier responsibilities as there are more legal protocols to follow as a buyer. Getting things just right is so important, as buying and selling a property is a highly valuable transaction, so attention to detail is so important as a conveyancing solicitor.
The entire process will be considered as completed as soon as all of the contracts have been signed, the Stamp Duty has been paid and all money has been transferred. A copy of all relevant legal documbers and the land registry will also need to be sent to the other party’s conveyancing solicitor before completion is officially declared.
Avoiding Disputes
When a conveyancer begins work on a case, their goal is to find out as much information about the property sale as possible in order to avoid future disputes between the buyers and sellers. This could involve clarifying car parking restrictions or clarifying land boundaries for the property.
The Details
There are a lot of fine details that go hand in hand with being a conveyancing solicitor, but they also have to complete each task with efficiency and accuracy. Completing each task in the right order is also essential, because it allows the chain to keep moving. Every person involved in the sales process also needs to be informed during each step so that they’re across the legal side of the sale. There is a lot of paperwork involved with transferring the ownership of a house from one person to another, so a conveyancing solicitor helps to make this happen with ease.
Benefits of Using a Conveyancing Solicitor
If you’re looking to buy or sell a property, it’s so important to choose a conveyancing solicitor that you trust and has reputable reviews in your local area. A good conveyancing solicitor will make the process simple, affordable and easy to follow. Creating a stress-free process and offering high level communication is what you need to look for in a good conveyancer. Keeping the sales process moving is only possible when there is a good conveyancing solicitor involved who is maintaining a professional and efficient approach to each case. With an experienced conveyancing solicitor on your side, you will not only minimise the chance of fall throughs, but you’ll also find the process much easier to handle with a professional on your side at all times.
Now, here is an overview of how a conveyancing solicitor can help each party:
Main Tasks for the Seller’s Solicitor
Here are some of the main tasks that are involved from a seller’s conveyancing solicitor:
- Get in touch with sellers with the property information forms in order for completion to take place and help them with any questions they are unclear about.
- Obtain any supporting documentation from the seller such as guarantees, bank statements and future planning documents.
- Write and put together a complete folder which contains the draft sale contract, title and seller’s property information. This is often called the Contract Pack, which has all of the important information regarding sale of the property.
- Send the contract pack to the sellers
- Respond promptly to any enquiries from the solicitors on the side of the buyer
- Confirm payment has been received and send any payments to release other debts or mortgage amounts secured on the property.
Main Tasks for the Buyer’s Solicitor
The buyer’s conveyancing solicitor will inevitably have more jobs to do during the process, so here are some of their main duties:
- Talk with the mortgage brokers involved so that they are well-informed during the process
- Advise the buyers on the Contract Pack and check through their forms to ensure no errors have been made
- Arrange all of the necessary property searches and answer any questions that the buyer may have during their property survey (this is necessary when the buyer is taking out a mortgage and the survey will usually be arranged by the buyer and their lender)
- Stay on top of all enquiries being carried out by the seller’s solicitors.
- Act on behalf of the buyer’s lender and the buyer if a mortgage is place
- Make sure all relevant stamp duty information is filed accurate and send the correct amount to the seller
- Register the property in the buyer’s name and register the mortgage in the lender’s name, during the land registry (it is vital that this part of the process is completely accurate)
- Advise clients to sign up to free property alerts with the land registry company to avoid potential fraud on the property.
Tasks for Both Solicitors
There are also numerous tasks that are completed on both sides, which are vital components of the sales process:
- Both solicitors will usually advise their client to update their will once a property has been bought or sold
- Exchange contracts when the buyer is legally committed to buying the property in question.
- Complete contracts when the buyer receives the keys to the property
- Remain in constant communication with their client and any other estate agents who are involved. This allows everyone to stay on track with their individual jobs so that they are well-informed and up to date during each stage of the process.
Final Thoughts on Using a Conveyancing Solicitor
As you can see, a conveyancing solicitor has a lot of responsibilities when it comes to pushing through the sale of a property from one person to the next. It takes a lot of hard work, dedication and time to work through this process, so it requires an experienced person to do the job. Whether they’re organising viewings, or dealing with paperwork after an offer has been made, there are so many different elements that need to be considered. Luckily, when the right conveyancing solicitor is involved, the process is much easier and simpler than ever before. With sound legal advice, advanced assistance with administrative paperwork, and additional help with any issues along the way a conveyancing solicitor is certainly a useful professional to have around during a property sale.
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