Buying or selling a property is an exciting journey, but it can feel daunting. That’s where a conveyancer steps in to support and guide you through the legal complexities of a property transaction.
What is a Conveyancer?
A conveyancer is a legal expert who specialises in property transactions. Their role is crucial in ensuring that everything is conducted legally and efficiently, making your experience seamless.
What are the duties of a conveyancer?
Your conveyancer handles all the legal work associated with a property transaction. This includes drafting contracts, conducting property searches, reviewing mortgage documents, and ensuring that the property is transferred correctly. Their role is pivotal in ensuring that your transaction is secure and legally binding.
Why you need a conveyancer
The purchase of a property can be one of, if not the largest investment a person will make in their lifetime, and it can feel stressful. Your conveyancer is essential to guide you through the process.
Enlisting the help of a conveyancer provides a safeguard against the legal complexities and potential pitfalls involved in property transactions. They possess in-depth knowledge of property law, which is essential for navigating the complex legal requirements of buying or selling a home.
Furthermore, if you are buying a property with the assistance of a mortgage, then often the mortgage lender will require you to use a conveyancer to ensure that their security (loan) complies with their requirements and is secured (registered) against the property.
It can sometimes be unclear what responsibilities are handled on your behalf by your conveyancer and what you might need to arrange yourself, or seek the advice of other legal experts, such as mortgage brokers, accountants, and surveyors.
Other professionals who are likely to be involved in a property transaction could include a mortgage broker, to assist you in obtaining a mortgage. A surveyor, to ensure that the property is structurally sound and there are no issues with the physical state and condition of the property that you are not already aware of or that could have unknown potential cost implications.
Estate agents are part of the property process, they act on behalf of the seller to find a buyer and are responsible for negotiating terms such as purchase price, contents price and completion dates. They also assist with gaining access to the property, if you wish to have surveys carried out.
It is important that any matters which are discussed with third parties are confirmed with your conveyancer, otherwise they will not be able to form part of the contract and consequently will not be legally binding.
Potential risks of not using a conveyancer
Your conveyancer mitigates the risk of legal oversights that can result in costly consequences. For example, title discrepancies, boundaries issues, onerous restrictive covenants on the title, or other matters that may arise in the documentation and searches. This could impact your enjoyment or use of the property as well as its potential saleability.
Peace of mind
One of the most valuable aspects of hiring a conveyancer is the peace of mind they provide. Knowing that a professional is handling the transaction’s legal intricacies allows you to focus on other matters, such as moving arrangements and preparing for your new home.
The conveyancing process explained
Understanding the conveyancing process can alleviate some of the anxiety surrounding property transactions. Here is a breakdown of what to expect at each stage.
Initial consultation and instructions
At the outset, your conveyancer will discuss the transaction with you and what you can expect at each stage. This will also give you the opportunity to ask your conveyancer any questions you may be unsure of and advise them of your expectations, such as completion dates and details of the transactions.
It is often helpful to understand if there are any nuances to be made aware of regarding the transaction or property. This helps your conveyancer pre-empt potential questions and helps the transaction go through more swiftly and smoothly.
Drafting and reviewing contracts
After your initial meeting, your conveyancer will begin drafting the sale contract, or if a purchase, request the draft contract pack. They will ensure that all the essential legal elements are in place and that the contract protects your interests, and clearly explain the terms of the contract to you, so you know exactly what you're agreeing to.
Property searches and enquiries
Before contracts are exchanged, your conveyancer will conduct several property searches to uncover any issues which could affect the transaction. These include local authority searches, environmental checks, drainage searches and title investigations. These searches provide vital information, that could affect the property’s value or your ability to use it as intended.
There are often several enquiries which are raised by the buyer’s conveyancer considering the documentation and searches that have been provided. This part of the process is the longest aspect of the transaction.
Exchanging contracts
Once both parties are satisfied with the terms of the sale/purchase and all checks have been completed, contracts are exchanged. This is a significant step, as it legally binds both the buyer and seller to the transaction. At this point, the buyer usually pays a deposit, the standard deposit is 10% of the purchase price, and a completion date is agreed. Once you have exchanged contracts, you will then need to ensure that you are able to complete on the agreed date. Failure to do so will result in breach of contract. It is therefore very important that all necessary investigations and queries are addressed, and you are satisfied and happy to proceed before exchange of contracts.
Once exchange of contracts has taken place, the file is then prepared for completion. If there is a mortgage involved, your conveyancer will deal with the lender direct to either redeem your existing mortgage on your sale, or request funds from your lender on a purchase.
Completion
Completion is when funds are sent to the seller’s solicitors and the keys are handed over to the buyer. This is when the transaction has completed and if you are purchasing you can take occupation of the property, if you are selling you need to ensure you have vacated the property. Your conveyancer will deal with all the legalities and transfer of monies on completion. It would be for you to concentrate on packing and removals.
Your conveyancer will then ensure all mortgages are redeemed and monies sent on a sale, and on a purchase your conveyancer will deal with all post completion formalities.
How long does the conveyancing process take?
This is a very common question and, unfortunately, one that varies significantly depending on the transaction. However, after the initial conversation with your conveyancer, they should be able to give you an indication of how long the process should take, depending on your unique circumstances.
As a guide, the sale or purchase of a property should take approximately 8-12 weeks. However, this depends on others in the chain and the documentation associated with any particular property.
Choosing the right conveyancer can make all the difference in ensuring a smooth and successful property transaction. By understanding the role of a conveyancer, the importance of their expertise, and the overall conveyancing process you’ll be better equipped to navigate the property market confidently. Whether you’re buying or selling, having a knowledgeable professional by your side will provide peace of mind and a greater likelihood of a successful and stress-free outcome.
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