Moving home? then you'll need a conveyancer, or is it a solicitor? It is worth noting the differences so that you can choose the right representative for you.

30 Nov 2023

Solicitor or a lawyer?

A solicitor is a legal professional practising in many aspects of the law. They may be qualified to provide a number of legal services in a variety of legal fields.

A conveyancer is a specialist in the legal aspects of property sales and purchases, focusing largely on residential property transactions.

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

Do they charge the same for conveyancing services?

Should I choose a solicitor or a conveyancer?

How much experience?

Does the size of the company matter?

What exactly is their role?

Your legal representative will explain the legal processes of selling and buying a property. Depending on whether they represent you for a sale or purchase it will vary a little, but essentially they deal with all of the necessary legalities. It will be their responsibility to advise you on all contract details, deeds, and searches, and agree on your behalf on the final moving conditions and dates.

Selling

Confirm your instructions, setting out the terms of business and fixed fee costs. Identifying additional disbursements to 3^rd parties such as local government
Complete proof of identity checks
Sends fittings and contents form and property information form(s) for your completion. If the property is leasehold, additional information regarding the lease and management company will be required
Obtain title deeds from the deeds holder or official copies of the title register and any other documents required by The Land Registry and details of the amount outstanding on any existing mortgage
Prepares the draft contract and supporting contract documentation and sends it to your buyer’s Conveyancer
Answer pre-contract enquiries from the buyer's conveyancer
Liaise with all parties to agree on a completion date and contracts are formally ‘exchanged’
Obtain a settlement figure to repay the outstanding amount on any existing mortgage, if applicable
Check the transfer deed for your signature in readiness for completion
Arrange for the keys to be released to the buyer. Transfer the deed to the buyer’s Conveyancer together with an undertaking to use the proceeds of the sale to discharge any existing mortgage.
Pay the estate agent, repays the amount owing to the existing mortgage lender (if applicable) and take payment for their Conveyancing service costs
Transfer all remaining monies (usually by bank transfer) on completion

Buying

Confirm your instructions, setting out the terms of business and fixed fee costs.
Complete proof of identity checks
Contacts the seller’s Conveyancer to obtain the contract pack
Reviews the contract pack, raises pre-contract enquiries
Carries out the necessary searches
Obtains a copy of the mortgage offer
Conveyancer reviews and reports to the buyer on the contents of the contract pack, pre-contract enquiries, the result of the searches, and mortgage offer
Liaise with all parties to agree on a completion date and contracts are formally ‘exchanged’
Prepares a draft transfer deed and completion information form and sends these to the seller’s Conveyancer for completion
Prepares a completion statement, carries out pre-completion searches, and applies to your mortgage lender for the mortgage loan
Sends the proceeds of sale to the seller’s Conveyancer. On completion
Sends the stamp duty payable to HMRC,
Receives the title deeds, transfer deed, and proof that the seller has paid the outstanding mortgage on the property
Registers the property in the name of the buyer at The Land Registry
Provides a copy of the registered title from The Land Registry. Any documents required by the mortgage lender to be retained by them