How to Choose a Conveyancing Solicitor

For many people, the first time they instruct a solicitor is when they are buying their first house. When it comes to a huge life event such as buying your first home, it’s important to hire a solicitor who will be able to guide you through the process and ensure your interests are protected. 

Our team have put together a helpful guide, which includes everything you need to know about hiring a conveyancing solicitor, what their responsibilities are, and how to find the right one for you. Read on to find out more.

What is conveyancing?

Conveyancing is the legal process wherein the title of a property is transferred from one owner to another. The conveyancing process includes several steps, which will vary based on a number of factors (e.g. the type of property, terms of the ownership transfer, and whether any lines of credit have been extended to the buyer). 

Conveyancing solicitors are experts in property law, who are able to guide buyers and sellers through the purchase or transfer process, to ensure that the contracts are handed correctly, are legally binding, and the interests of their client have been protected. They do this by providing legal advice, conducting property searches, drafting contracts, and performing any other tasks or duty to ensure the completion of the sale, or the legal transfer of the property. 

Do I need to use a solicitor for conveyancing?

Although you don’t legally require a solicitor to carry out the conveyancing process, it’s something that we always recommend that our clients consider. Conveyancing is a complex process, requiring a lot of time and paperwork. It’s also essential that each step is carried out correctly, to ensure that the transfer of ownership for the property is legally binding. Hiring a solicitor who specialises in conveyancing and property law is the best way to ensure your house purchase or sale goes smoothly, and completes on-time. 

In the video below, Peter Mantell explains the main reasons that you should consider hiring a conveyancing solicitor to carry out your house sale or purchase.

The main reasons to hire a conveyancing solicitor, rather than trying to navigate the process yourself, are as follows:

• Buying or selling a property is a significant transaction, and with large sums of money on the line, mistakes can be extremely costly. Many first-time buyers put down the bulk of their savings as a deposit on their first home, meaning that if a sale falls through, they can lose thousands of pounds. For many individuals, the risk simply isn’t worth it.

• Many lenders won’t consider extending a line of credit to a prospective buyer, unless they are working with a trusted solicitor. Mortgage providers have to assess risk as part of their assessment process, and may not agree to a mortgage if the buyer hasn’t instructed a solicitor, or at least a reputable conveyancing service.

• Conveyancing solicitors are experts in their field, and are aware of the type of complexities and issues in a property that you may need to watch out for. A conveyancing solicitor with years, or even decades, of experience are best-placed to advise you about all aspects of your house purchase or sale. They can even help you to avoid unnecessary fees or services that are sometimes put in place by third-party companies to trap unwary buyers.

• Conveyancing solicitors can offer one-to-one support and guidance during a stressful time of your life. As exciting as buying or selling a home is, it can also be uniquely stressful, especially for those who are doing it for the first time. An experienced and empathic solicitor can help demystify the conveyancing process, while protecting your interests and answering any questions or concerns you may have along the way.

At Anthony Gold, our conveyancing team are well-practiced in all areas of property law, from purchasing a house, to investing in commercial property. Whatever your conveyancing needs, we’re here to help.

Submit an enquiry today, and a member of the conveyancing team will be in touch shortly to discuss your requirements, and pair you with an experienced solicitor who is perfect for your needs.

What does a conveyancing solicitor do?

Once you have instructed your conveyancing solicitor, there are a number of tasks which they can assist with, depending on your circumstances. These may include, but are not limited to:

• Liaise with other solicitors or stakeholders on your behalf. If you are selling a property, your solicitor will remain in contact with the buyer’s solicitor or conveyancer, to ensure the process moves along and all necessary legal steps are completed. If you are buying a home, they will also communicate with individuals such as mortgage brokers and estate agents, ensuring they are kept in the loop throughout the entire process. 

• Manage paperwork relating to the sale or purchase of the property, including contracts of sale and transfer deeds. Having a professional in property law manage your paperwork can help to prevent costly mistakes being made, and ensure that the transfer is both complete, and legally binding.

• Conduct searches with local authorities, to ensure the property is fit for sale. Your solicitor will be able to advise you on common housing issues through title investigations and environmental searches. They can also recommend any surveys that may be beneficial to carry out on the property, before you commit to buy. 

• Manage financial transactions, such as the payment of stamp duty and VAT. Your solicitor will also advise you on which payments need to be made by which date, in order to complete the purchase of your new property.

In summary, your conveyancing solicitor’s key role is to advocate for you as their client, advise you, and ensure your interests are protected at every stage of the buying or selling process. With a seasoned professional in your corner, the conveyancing process is often much simpler and less stressful than trying to manage all the various moving parts yourself.

How long does the conveyancing process take, when using a solicitor?

Unfortunately, it can be difficult to estimate how long the conveyancing process will take for the sale or purchase of a property, even when you’ve taken the right steps by instructing a conveyancing solicitor. Although the average conveyancing process takes between 8 and 16 weeks, there are a range of factors that can influence the timeline. For instance, whether the buyer is part of a chain, how quickly documents can be produced by both parties, and time taken for checks and surveys which are frequently carried out by third parties.

However, rest assured that by choosing an experienced conveyancing solicitor, you will likely experience fewer delays thanks to their familiarity with the conveyancing process, and knowledge of which steps must be carried out next. Your solicitor should give you frequent updates throughout the process, and make you aware of any significant delays. 

What’s the difference between a solicitor and a conveyancer?

The key difference between a conveyancing solicitor, and other conveyancing professionals, is the depth of their legal expertise. Conveyancing solicitors are experts in property law, and are able to provide qualified legal advice to their clients throughout the conveyancing process. 

In order to qualify as a solicitor, an individual must possess one or more degrees or degree-equivalent qualifications, and meet the requirements set out by the Solicitors Regulation Authority (SRA). As a conveyancing solicitor, they will also be required to specialise, or have an extensive knowledge of property law.

Conveyancers, or conveyancing professionals, are still eligible to guide clients through the conveyancing process, but are trained as specialist consultants, rather than solicitors. They must carry out the required Diploma in Conveyancing Law and Practice (Levels 4 and 6), achieve their licence, and meet the requirements determined by the Council for Licenced Conveyancers (CLC).

Both a conveyancer and conveyancing solicitor will be able to guide you through the conveyancing process and complete the transfer of ownership on a property. However, a solicitor is also able to advise you in their capacity as a lawyer, and address any complex legal issues which may arise during the course of the sale or purchase. 

Can I use the same solicitor for purchasing and selling my property?

In the video below, Sarah Clarke discusses whether you can use the same conveyancing solicitor to facilitate both the sale of your current house, alongside the purchase of a new one. 

You can use the same solicitor to manage both the sale of a property, and the purchase of another and, in fact, there are many advantages to doing so. By using the same solicitor to manage both ownership transfer processes, they will have better visibility over the progress of each transaction and can ensure that they are both moving at the same rate. They will also be able to produce paperwork for each at a quicker rate, avoiding the delays that can arise by having two solicitors managing the process. 

Having a single point of contact, who has proven themselves to be helpful and responsive, can also be reassuring to the client and can make the entire moving process smoother, and overall less stressful for everybody involved. A single solicitor can ensure that everything lines up properly — for instance, making sure that contracts are exchanged on the same day, so that the sale can be completed.

As many sellers plan to use the funds from the sale of their house to finance the purchase of another home, it’s important that delays at this crucial point are avoided. By using the same solicitor to manage both your house sale and purchase, they are able to transfer the net proceeds of the sale through their own account, to complete the purchase with minimal chance of delays. 

Can a buyer and seller use the same conveyancing solicitor?

A buyer and seller can instruct the same conveyancing solicitor to manage the transfer of a property from both sides, provided there is no conflict of interest. Some advantages of using the same solicitor is that all parts of the transaction will be managed under the same firm, meaning that there should be fewer delays that arise from two sets of solicitors having to change paperwork and communication. This should expedite the process, and reduce time spent on certain admin tasks. 

If a buyer and seller are using the same solicitor, it is the solicitor’s responsibility to ensure that they are advising both parties appropriately, and protecting their interests equally. The solicitor must also obtain informed consent from both parties, so that they are each aware that the other party has instructed the same solicitor, prior to any actions being taken with the sale or purchase. 

Some solicitors may decline to represent both sides of a house purchase/sale, but many firms are happy to act on behalf of both the buyer and seller. 

Top tips when choosing a conveyancing solicitor

When you are researching potential conveyancing solicitors and deciding which firm or solicitor to use, there are a few things which are worth keeping in mind. This video by Alan Zeffertt describes the main things that you should look out for when choosing a solicitor to handle your sale or purchase.

To summarise, the key factors you should consider when choosing a conveyancing solicitor are:

• Experience and relevant specialism. Is the solicitor, or the firm you are considering, well-known for their conveyancing services? Is it advertised on their website, and do they have a dedicated conveyancing team that consists of experts in property law?

• Service offering. Does the solicitor offer the specific service you require — for instance, commercial conveyancing or lease extensions? For most clients, residential conveyancing experience will be sufficient, but if your sale or purchase falls under a specific specialism, it is worth checking that this is an area of law in which they practice.

• Relevant accreditations. When choosing your conveyancing solicitor, it can be helpful to seek out firms which are accredited by the Conveyancing Quality Scheme (CQS), or another relevant accreditation body. If a firm or solicitor is CQS-accredited, you can rest assured that they have demonstrated their expertise and meet all the standards set by the CQS for ethical practice.

• Recommendations and testimonials from satisfied clients. When researching and comparing different conveyancing solicitors, be sure to check for recent reviews from past clients. This is the best way to predict the quality of the service that they offer, and it is often worth checking reviews from a wide range of sources, from the solicitor’s website, to Google, and reputable third-party sites such as Trustpilot.

Instruct an experienced conveyancing solicitor today

At Anthony Gold, we’re dedicated to ensure that our clients feel supported at every stage of their buying or selling journey. Whether you’re a first-time buyer, or just looking for a new investment, our conveyancing team are on-hand to help. Simply submit an enquiry via our website, and a member of the team will be in touch shortly to discuss your sale or purchase. 

To see our full range of conveyancing services, you can visit our website and browse our residential conveyancing hub. Or, for more helpful guides like this one, feel free to visit the Anthony Gold blog for professional insights from our team.

* Disclaimer: The information on the Anthony Gold website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. It is provided without any representations or warranties, express or implied.*