Hiring a conveyancing solicitor or licensed conveyancer is not a legal requirement when selling a property. However, it is highly recommended. The process of selling a house involves lots of legal work to transfer ownership of the property. It’s common to avoid doing your own conveyancing because it can cause delays and misunderstandings unless you have the relevant legal expertise.
It’s also worth noting that some mortgage lenders will require you to use a solicitor. If you have an outstanding mortgage, then the buyer’s solicitor will also likely oppose you carrying out the legal work.
In this guide, we have gathered everything about the importance of using a solicitor, from the risks of selling a house without one, to the legal fees when selling a house, and what you can expect to pay and how costs are typically structured.
What Does a Solicitor Do?
A conveyancing solicitor will handle the legal aspects of your transaction, ensuring that the process is as stress-free as possible.
Here are some of the jobs your conveyancer will be responsible for:
Obtaining title deeds
Drafting a contract
Answering pre-contract enquiries
Pay off your mortgage if you have one
Exchanging contracts
Organising completion day
Paying Land Registry fees on your behalf
The buyer’s solicitor will have to undertake conveyancing searches. These searches highlight concerns with the property and area which are discussed with your solicitor. Additionally, your solicitor will also have to negotiate with the buyer’s surveyor. The conveyancing process can take up to 12 weeks which is why we created a guide on how long to sell a house after offer is accepted to help you understand the timeline.
Can I Do My Own House Sale Conveyancing?
You can do your own conveyancing when selling a house. This is known as DIY Conveyancing and means you can save on legal costs. However, it’s important to bear in mind that you run the risk of delaying the process. Also, if you make any mistakes in the process, this could result in you making payments that exceed the amount you would have saved initially. If you are choosing to go with a conveyancer there are still things you can do on your end. For example, if you are looking to buy a house as well as sell your current house, you can make an offer on a house before selling yours.
Save money on your conveyancing costs
Accredited property conveyancers
Used by over 1.8 million movers in the UK
Using a Solicitor vs. DIY Conveyancing
DIY conveyancing might benefit certain property sales. However, you can guarantee a successful process with a legal representative.
From our research, the benefits of using a conveyancing solicitor outweigh not using a solicitor to sell your home.
Using a Solicitor or Conveyancer
Solicitors and licensed conveyancers have the experience to guide you through the legal process. They can offer legal advice throughout and ensure all documentation is submitted correctly and on time.
They will also have the appropriate insurance in place, meaning they can be trusted to get the job done. Most solicitors and conveyancers are also regulated by either the SRA, CLC, LSS, LSNI, or CILEX.
The main disadvantage is that they are one of the biggest expenses in the buying and selling processes. In complex cases, this cost is likely to increase, making it the more expensive option.
DIY Conveyancing
You can save money if you choose to do your own conveyancing. It can also work for those who have previous legal experience in the conveyancing process. This is because you will know what to expect.
However, there are a lot of risks involved. Those without legal experience may encounter delays if they have not completed the forms and processes before. This may also result in costly mistakes being made that could end up costing more than hiring a solicitor.
Do I Need a Conveyancer or a Solicitor?
If your sale is more straightforward, you can use either a conveyancer or a solicitor. Both will be qualified to guide you through the legal process.
Those selling complex properties such as help to buy and shared ownership require a conveyancing solicitor. For example, help to buy solicitors will be able to help with the remortgage process as some help to buy mortgages may be portable, but many are not.
Conveyancing solicitors are trained in both property law and conveyancing. This means they are equipped to assist in more complicated cases.
Save money on your conveyancing costs
Accredited property conveyancers
Used by over 1.8 million movers in the UK
What Documents Do I Need to Sell My House?
If you decide to forego a solicitor, you will be responsible for obtaining and completing multiple legal documents and forms. The documents needed when selling a house include:
TA6 Property Information Form
TA10 Fixtures and Fittings Form
TA7 Leasehold Information Form (if selling a leasehold property)
Home Report for selling a property in Scotland
You’ll also be responsible for drafting a contract at the beginning of the process and answering any pre-contract enquiries. On top of this, you’ll have to liaise with mortgage lenders and other relevant third-party services.
Those hiring a solicitor won’t have to worry about dealing with this, saving you time, money, and stress.
Save money on your conveyancing costs
Accredited property conveyancers
Used by over 1.8 million movers in the UK
How Much Does a Solicitor Cost for Selling?
The average solicitor fee for selling a house is £814. Solicitor fees are typically made up of legal fees and disbursements. The total cost is dependent on various factors, including the home’s value, property type, and location. Some solicitors offer or recommend Home Sellers Protection Insurance to cover legal fees and disbursements if the sale of the house falls through
You’ll face extra costs if your sale requires additional work. This includes:
Leasehold properties
Shared Ownership properties
Help to Buy properties
Right to Buy properties
For example, you will need to cover the legal costs of the shared ownership solicitor fees, which will be in addition to the standard solicitor fees.
Some solicitors charge an hourly rat,e while others may have a flat fee structure in place. However, a general rule of thumb is the more complex a transaction is, the higher the solicitor fees will be.
Prices are based on our cost data, received directly from user feedback.
Finding a Solicitor for Your House Sale
The conveyancing process when selling a house can be time-consuming and intricate, which is why we recommend using a solicitor.
They can ensure all legal aspects are correct and completed promptly, helping to avoid delays and mistakes during the sale. With this in mind, we suggest you discuss your needs with a range of solicitors to be sure they can accommodate your needs and budget.
At Compare My Move, we have helped over 1.8 million movers across the UK. We can connect you with up to 5 conveyancing solicitors when you fill out our comparison form to compare conveyancing quotes and save on your fees.
For added peace of mind, our conveyancing partners are all regulated by one of the following regulatory bodies:
Solicitors Regulation Authority (SRA)
Council for Licensed Conveyancers (CLC)
Law Society of Scotland (LSS)
Law Society of Northern Ireland (LSNI)
Chartered Institute of Legal Executives (CILEX)
Need a Surveyor Too?
If you also need a RICS-accredited property surveyor, our integrated conveyancing and surveying comparison form lets you connect with both conveyancers and surveyors in one go, helping you save time and money across the whole process.
