Conveyancing FAQs
The legal side of moving usually comes with lots of questions. Take a look at our FAQs and if you have any other questions, please contact us.
I would like a quote for legal services
1. What is conveyancing?
2. Why did I need to use a solicitor?
3. What do they do for the fee?
4. Can I include legal costs in the mortgage?
5. What is a typical legal cost?
6. Does it include disbursements and stamp duty?
7. Can I use a family solicitor?
Get a legal services quote
1. What details do I need to get a legal quote?
2. What will the legal quote include?
3. When should I get a legal quote?
4. How long does it take to get a quote?
5. Do I need to get separate quotes for buying and selling?
6. Will the quote include the searches and the VAT?
Proceeding with the quote
1. What do I have to do to proceed with my quote?
2. Do I need to sign any documents?
3. How long will the legal work to complete?
4. Will I have a contact at my solicitor's office?
5. When do I pay the fee?
6. What level of service should I expect?
7. When will the searches start?
8. What happens if the searches show problems?
Non-proceeding with the conveyancing quote
1. Can I get my conveyancing cheaper?
2. What if I am not happy with the fees and the service levels?
Legally prepared
1. What does legally prepared mean?
2. When will I be able to exchange contracts?
3. Can I move in when I am legally prepared?
Searches/surveys
1. Who does the searches?
2. Who does the survey?
3. What will they check?
4. What happens if the searches/surveys report any issues?
5. Do I need anything to prepare for the surveys?
I would like a quote for legal services
1. What is conveyancing?
Conveyancing means all the legal work behind a home move, or a transaction involving property or land. This can be handled by a solicitor or legal representative, and begins as soon as a property is put up for sale or an offer has been made.
2. Why did I need to use a solicitor?
The conveyancing process is a complex and time consuming one; as such it should be handled by a professional who is familiar with the aspects unique to moving home. There are some cases where the conveyancing will be handled by the home mover, but these are rare. It is also worth bearing in mind that many mortgage lenders will insist on a solicitor handling the transaction, to protect their interests.
3. What do they do for the fee?
They handle all the legal parts of the home move, carrying out all the time consuming and intricate paperwork to ensure that you are able to buy or sell a property. They will also be responsible for transferring the money and making this side of things as smooth as possible. The solicitor will do the following on your behalf:
- Obtain a purchase contract from the sellers’ solicitors
- Obtain copies of the existing guarantees, planning consents etc
- Will exchange the contracts, including handing over the deposit
- On completion day they will pay the required amount to the sellers’ solicitors
- Register your name and mortgage at H.M. Land Registry and send the deeds to your lender
4. Can I include legal costs in the mortgage?
This is a possibility, providing that both you and the mortgage lender use the same solicitor. The solicitor will then be able to transfer the legal costs that you incur into the mortgage money that is being loaned by the lender.
5. What is a typical legal cost?
The fee for conveyancing differs between solicitors. 1% of the purchase price is not an unusual figure to see. There are various legal costs, which will be broken down by the solicitor on completion. These include any searches, land registry fees and stamp duty, if applicable. So the end figure depends on the value of the property you wish to purchase (as stamp duty will dictate any additional cost). Prepare yourself to be paying thousands of pounds, rather than hundreds.
6. Does it include disbursements and stamp duty?
Usually, your legal fee will include the disbursements and stamp duty. And this will be detailed in the breakdown of costs you receive at the end of the process. These are necessary charges which should be considered before you start the home moving process.
7. Can I use a family solicitor?
By all means, you can use a family solicitor. Many people do take this route as they find it comforting knowing the person handling the legals behind their move. It is worth double-checking before you start that the solicitor is familiar with property transactions, as they are notoriously complex, and that their fee is competitive. They may be a family solicitor, but you do not want to be paying over the odds just for familiarity.
Get a legal services quote
1. What details do I need to get a legal quote?
This process is fairly straightforward, as you do not need many details in order to get a legal quote. Most companies only need the price of the property you wish to purchase, your method of purchasing (mortgage or cash) and whether you are buying leasehold or freehold.
2. What will the legal quote include?
Your legal quote should include all the different legal aspects of the move. Make sure that the quote includes all disbursements and additional extras, as some firms may not list the full extent of what you will be charged.
3. When should I get a legal quote?
We would always advise that you get the legals behind your move done as soon as possible. Once you have decided to sell, or have found your new house, you should instruct a solicitor or legal professional to help with the conveyancing.
4. How long does it take to get a quote?
The increasing amount of available online tools means that you can get a conveyancing quote in around 10 seconds. This may not take into account all of your property needs, so speak with a professional conveyance for a more detailed quote.
5. Do I need to get separate quotes for buying and selling?
You do not necessarily need separate quotes for buying and selling. If you do decide to combine the two make sure that you receive a detailed breakdown of the costs and the charges you are incurring.
6. Will the quote include the searches and the VAT?
If you are buying a house then your conveyancing quote should include the required searches. However, as firms tend to vary in their procedure, this is worth double checking once you receive your quote. All conveyancing quotes should clearly state whether they include VAT or not.
Proceeding with the quote
1. What do I have to do to proceed with my quote?
Along with your quote will be instructions explaining how to proceed with your quote. You will then be required to sign a contract stating that you have instructed that company to handle your conveyancing.
2. Do I need to sign any documents?
Initially it is likely that you will be asked to sign a document which states that the company you have liaised with have now been instructed to handle your conveyancing. This protects the conveyancers from the risk of you negating on the deal. You may be asked to provide a proof of identity and details of your current mortgage (if applicable).
3. How long will the legal work to complete?
This is impossible to accurately predict, as each property transaction is different and is affected by certain characteristics. The average conveyancing case takes around 8-12 weeks to complete, as it depends on the complexity of the property chain and things like the mortgage application.
4. Will I have a contact at my solicitor's office?
This varies from firm to firm. Make sure that you do have a contact number and, if possible, a person you regularly deal with at your solicitors. This way you can be proactive and contact them for updates on how your case is progressing.
5. When do I pay the fee?
You will usually be required to pay your legal fee to the solicitor upon completion. However, you may have to pay out certain fees during the process, such as the searches or any additional disbursements.
6. What level of service should I expect?
As with any part of the home moving process, you should only expect the highest standards. Your solicitor or legal professional is working on your behalf and should be available to help you at any point.
7. When will the searches start?
Searches generally start once you have had an offer accepted. Your solicitor will ask for your search fees and they will carry out the necessary searches on your behalf. The type of search you need depends on the house you wish to buy, as the older the house the more likely you are to request a full structural survey.
8. What happens if the searches show problems?
Consider the impact of these problems to your purchase, and whether the cost of repairing them is too much to take on. If the cost of repair is significant, then you may wish to renegotiate the price with the seller.
Non-proceeding with the conveyancing quote
1. Can I get my conveyancing cheaper?
You may be able to shop around and find a cheaper conveyancing package. But beware of companies offering prices with hidden fees not included, or firms that offer lower levels of service. You want complete transparency and professionalism throughout this process, as your legals are a complex and important part of your move.
2. What if I am not happy with the fees and the service levels?
If you are not happy with the service you receive then the first thing to do is to voice your concerns with your solicitor. They may be able to resolve this situation. If the problem continues then you may wish to switch your solicitor. The ease of switching depends on the agreement you have with your current supplier. If it is on a ‘no sale, no fee’ basis then you can switch easily with no cost incurred. However, if you are buying, especially if the mortgage company is using the same solicitor, then you may face some charges for the work already completed. We would recommend that you do not switch your conveyancing provider if you have already exchanged contracts, as you are almost at the completion stage.
Legally prepared
1. What does legally prepared mean?
Being legally prepared means getting all the right documents together, and having your solicitor instructed ahead of your move. As a buyer or seller being legally prepared helps you stand out from others in the market, as you will be in a better position to move forward with the home move with minimal delay. Once you have agreed your move, being legally prepared means having all the documents ready to exchange your sale.
2. When will I be able to exchange contracts?
Once your solicitor has finished collecting and completing all the documents a draft contract will be created, ready to sign. The contract is the point where the transaction becomes legal. Before you exchange contracts you need to make sure that all searches and surveys have been completed, you have a formal mortgage offer in writing, you have a deposit of 10% of the property price and you have a definite completion date agreed. This is usually around four weeks after the exchange of contracts.
3. Can I move in when I am legally prepared?
No, you will not be able to move in until you have completed the transaction with the other party. You will set a completion date and at this point you will be able to move in.
Searches/surveys
1. Who does the searches?
The solicitor or legal professional overseeing the transaction will be responsible for ordering the searches and making sure they are carried out. This may be included in their service, or could be an additional extra cost. Speak with your solicitor at the outset to find out whether they include the searches as part of their fee.
2. Who does the survey?
As part of your mortgage agreement the lender will carry out a quick survey of the property, to ensure that it is worth the money they are lending for it. However, for older or more unique properties you may wish to commission a more in-depth survey of the property, which would highlight any potential problems. Make sure that any surveyor that you use is accredited by the Royal Institution of Chartered Surveyors (RICS).
3. What will they check?
A survey means a detailed look at the property, from the brickwork down to the structure. The basic survey, carried out by the lender, won’t look at any of this and will be very general. The medium level survey includes a thorough check and highlights any issues such as subsidence or damp. The most detailed survey, the full structural one, will study every aspect of the property and highlight any problems.
4. What happens if the searches/surveys report any issues?
If any issue is returned by either the searches or the survey then you will need to weigh up the seriousness of the issue and whether it needs to be repaired. This may lead to either the repairs being made or a renegotiation of the price.
5. Do I need anything to prepare for the surveys?
Apart from the instruction of the solicitor or the lender there is nothing you need to prepare. They will take on the whole process before reporting back with their findings.
