Do You Need A Conveyancer To Sell A House?

Using a solicitor or conveyancer to help with all the legal aspects of selling your home will cost you money. It is a cost that most people budget for when they are selling their home as they want to ensure everything is done correctly with no mistakes being made. This is especially the case if the sale is not straightforward, is leasehold or has other areas of law that might come into play such as probate. However, some people do ask the question as to whether it is possible to do the work yourself. In this article, do you need a conveyancer to sell a house, we take a look at the difference between a solicitor, a registered conveyancer and the pros and cons of carrying out the work yourself.  

Free Initial Telephone Discussion

For a free initial discussion on how we can help you with the legal aspects of selling your house, get in touch with us today. We will review your situation and keep you regularly updated, discussing progress in a clear and approachable manner. Early expert legal assistance ensures no mistakes are made and also avoids the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or complete our online enquiry form and a member of the team will get back to you.

What’s the difference between a solicitor and conveyancing practice?

In England and Wales you can use either a solicitor or a licenced conveyancer to address the legal side of selling your house. They both perform the same function but there are distinct differences between the two.

A solicitor will have had to study long hours and take numerous exams before they become qualified. They will have also spent time training in different departments in the various fields of law and as such will have a much broader understanding than a conveyancer. A conveyancer will specialise only in buying and selling houses. They are not legally qualified and are governed by the Council For Licenced Conveyancers. Solicitors are regulated and governed by the Solicitors Regulation Authority (SRA).

There are other differences. These include:

• A conveyancer can act for both the buyer and seller of a transaction. This may seem like a way of cutting costs but there are potential pitfalls and so should only be considered in certain circumstances.
• A conveyancer doesn’t have to disclose any referral fees that they receive from third parties. A solicitor has to make a full disclosure of any fees they receive.
• As previously mentioned, conveyancing practices will have no access to other areas of law that may be required in a transaction. Residential conveyancing solicitors and conveyancers working within a multi-disciplined law firm will have access to expert opinion in other areas of law if required. This is an important distinction to consider.

Can I do the conveyancing myself?

Before deciding to have a go at carrying out the conveyancing yourself, it is important to understand what are the typical tasks that are undertaken by a solicitor or conveyancer during a property transaction. These can include:

• Obtaining title deeds and filling in the necessary questionnaires associated with selling a house.
• Dealing with the mortgage company and paying off any outstanding mortgage if this is applicable.
• A contract for sale will need to be drawn up and sent to all parties concerned.
• Setting a date when the buyer can move in.
• Taking and holding the deposit.
• Signing off on the deed of transfer.
• Giving the property deeds to the buyer and accepting the remaining balance of the purchase money.
• It is a legal obligation to check the source of funds for money laundering purposes. This is more difficult without legal representation.

Is there anything else I should consider?

If you decide to have a go at doing all of this on your own, you will also need to consider a few other.

1. Assuming you can carry out all this work, it will need to be done in a timely manner.
2. If a mortgage company is involved, they will insist upon a solicitor or conveyancer to carry out the work. Further, some will insist on a solicitor being one of their approved solicitors. This is referred to as “being on the panel”.
3. If a mortgage is involved, the mortgage company will not accept an undertaking from you. An undertaking is where one solicitor that holds the funds of the sale promises to pay the mortgage company to settle any outstanding debt.
4. It is extremely unlikely that you will have professional indemnity insurance. This means that if you get anything wrong during the transaction, you will be leaving yourself open to being sued and it is possible that you will lose your house

How we can help

We have a proven track record of helping clients buy and sell their homes no matter the size. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.

How to Contact our Residential Property Solicitors

It is important for you to be well informed about the issues and obstacles you may face during the transaction. However, expert legal support is crucial in terms of saving you money and ensuring you achieve a positive outcome.

To speak to our Residential Property solicitors today, simply call us on 0345 901 0445, or allow a member of the team to get back to you by filling in our online enquiry form. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Authored by Ben Posted in News, Residential Property Tagged as