What Does A Conveyancing Solicitor Do In The UK?

A conveyancing solicitor is a qualified practising solicitor who is assigned to undertake the conveyancing process on your behalf. 

In short, a conveyancing solicitor’s role is to assist in the exchange of a property from start to finish, handling documentation, negotiations, contracts, and more. They will carry out different tasks depending on whether you are buying or selling a property.

It’s generally recommended that you speak to a conveyancing solicitor as soon as you decide you’d like to buy a property or put your property on the market. 

If you’re not aware of the various roles a conveyancing solicitor carries out in the UK, our guide is here to help.

A conveyancing solicitor in the UK will take care of numerous responsibilities. These responsibilities include, but are not limited to:

1. Property searches and title investigation
2. Completing documentation and paperwork
3. Keeping a client updated on the buying or selling process
4. Negotiating the sales contract 
5. Exchanging contracts and finalisation 
6. Arranging for stamp duty to be paid 

1. Property Searches & Title Investigation

Property searches are organised by the buyer’s solicitor to reveal potential issues with the property. 

Generally speaking, mortgage lenders require specific searches to be carried out before a mortgage can be released. Property searches might include flood risks, planning restrictions, and local authority details to name a few. 

Local authorities may provide information relating to future developments that could impact the value of the property. 

They will also investigate the property’s title to verify the legal ownership and to verify there are no undisclosed claims that could impact the transaction. They’ll also check for any restrictions, including covenants or easements.

Your conveyancing solicitor will be able to provide helpful legal advice should any issues arise as a result of thorough property searches and a title investigation.

2. Completing Documentation & Paperwork

If you’re buying a property, a UK conveyancing solicitor will ask the seller’s solicitor for a draft contract and supporting documentation.

The draft contract will include details of the prospective sale such as the price of the property, the deposit that is to be paid by the buyer, details from the property title deed, and more. The seller will also include a list of fixtures and items included in the price.

If you’re selling a property, your conveyancing solicitor will be in charge of drafting the contract.  

If the property sold is subject to a mortgage, the solicitor will also be required to review and prepare the necessary paperwork to discharge the mortgage upon settlement.

Ensuring that these documents are legally sound and accurate is crucial to the success of the transaction.

3. Keeping A Client Updated On The Buying Or Selling Process

There are many stages to the conveyancing process in the UK.

Should all go to plan, from the offer stage to completion, the conveyancing process can last six to eight weeks. 

However, it’s important to recognise that this timeline will vary depending on many factors, such as the type of searches requested.

Whether you’re selling or buying a property, it’s up to your conveyancing solicitor to keep you informed of each stage.

4. Negotiating The Sales Contract 

If the buyer raises concerns or requests any changes to the contract, a conveyancing solicitor will also be able to negotiate.

Sometimes the buyer and seller will negotiate further before the contracts are exchanged. 

Where there are disagreements, your solicitor will be able to negotiate on your behalf to reach a mutually agreeable solution. 

5. Exchanging Contracts & Finalisation 

Contracts are only exchanged once everything has been agreed and satisfactory replies to all enquiries and search results have been received. 

The solicitors from both sides will exchange contracts and finalise details. Once contracts are exchanged, the transaction becomes legally binding. 

To finalise the transaction, your conveyancing solicitor will ensure all conditions of the contract are met, conduct a final title search, and prepare the transfer deed for signature.

Your conveyancing solicitor will also ensure the deposit is paid into the nominated bank account and provide you with a copy of the signed contract. 

6. Arranging For Stamp Duty To Be Paid 

If any stamp duty needs to be paid, the solicitor must arrange this. 

How much stamp duty (or Land Transaction Tax if you’re in Wales) you’ll pay will depend on the price of the property itself.

Bearing this in mind, the more the property costs, the more stamp duty you can expect to pay.

Do I Need A Conveyancing Solicitor?

It’s not a legal requirement to involve a conveyancing solicitor or conveyancer for the exchange of a property if you’re a cash buyer.

That said, if you’re buying a property with a mortgage, then you’ll need a professional to handle the legal work as this minimises the risk for the lender.

Generally speaking, it’s highly recommended that you enlist the help of a conveyancing solicitor even if you are a cash buyer as there are many legal considerations and the process is highly complex. 

As such, having the support of a conveyancing solicitor can simplify the process and save you a lot of time and hassle in the long run. 

How We Can Help 

At Harding Evans, our property solicitors are on hand to help.

Whether you’re buying or selling a property or wish to remortgage your home, our award-winning team of residential conveyancing solicitors can help take the stress away so you can focus on what’s important. 

Get in touch with a member of our team today to learn how we can assist you.