How does conveyancing work?

Your solicitor or conveyancer will oversee the whole conveyancing journey, but understanding their role will help you follow the process each step of the way.

First steps

Once you’ve selected your solicitor or conveyancer, they’ll need to gather a variety of information about your property. They will conduct identity checks, assess your mortgage status and acquire the title deeds. At the same time you’ll need to fill in the following forms:

• Property Information Form (TA6)

On this form you’ll have to provide information about your property’s boundaries, council tax, utilities, and any information regarding disputes and complaints (such as official noisy neighbour complaints) or any known proposed developments nearby.

If you don’t own the freehold for your property you’ll have to provide further information on either the Seller’s Leasehold Information Form (TA7) or the Commonhold Information Form (TA9).

• Fittings and Contents Form (TA10)

This form is used to provide details of which fittings and fixtures will be included in the property sale.

• Completion Information and Undertakings (TA13)

This form is used to detail: how and where you will complete the sale; to ensure that the house is free of all mortgages and liability claims; and to arrange hand over of keys.

Get ahead by having these forms ready to go as soon as you decide to sell. It’s essential that these forms are filled out honestly and to the best of your knowledge. If it later comes to light that you haven’t been fully truthful you could be sued and be expected to pay compensation. Inaccurate completion of these forms could also make the buyers nervous, and cause them to pull out of the sale.

Moving forward

If a buyer wishes to make an offer on your property, your estate agent will let you know. If you accept the offer, your conveyancer will spring into action. They will draft a contract pack, containing information based on the forms you previously filled in, and this will be reviewed by the buyer’s solicitor. At the same time they’ll arrange for the completion of surveys and any other requests from the buyer.

At this stage it’s all about the buyer’s team assessing the property and contract details. From conducting searches, to sorting out mortgage offers, the buyer’s solicitor will work through the terms and let you know when they’re happy to proceed.

Exchange of contracts

When it’s time to exchange, the contract is signed by both parties establishing a legally binding commitment. It’s difficult, and expensive, to pull out of the deal after this stage so make sure you’re happy with the agreement. Once the contract has been signed, your conveyancer will receive the buyer’s deposit. The completion date is now set.

It’s at this point that any deeds are transferred to your conveyancer, and any remaining amounts such as: your legal fee, outstanding loans, or mortgage amounts, will need to be settled.

Completion

On the set date, your conveyancer will confirm that the money has changed hands and your property now legally belongs to the buyer. While you are getting settled into your new home, your legal professional will oversee the funds transfer and take care of any final details, including:

• Registering ownership with the Land Registry
• Paying off any mortgages or expenses associated with the sale
• Transferring the title deeds
• Arranging for any transfer of keys