Can Conveyancing Be Done Without A Solicitor?

Conveyancing is a crucial step involved in buying or selling a property. It refers to a legal procedure where property ownership is transferred between two parties. This involves various tasks, from coordinating with multiple parties to conducting extensive property searches. 

Many believe that a conveyancing solicitor is essential for this process, but can conveyancing be done without a solicitor?

The short answer is that if you are purchasing a property, your lender will insist that there is a licensed conveyancer or conveyancing solicitor involved.

What Is Conveyancing?

Conveyancing is the legal procedure that facilitates the transfer of property ownership, from one individual to another.

The conveyancing process usually begins with reviewing legal documents that outline the terms of the property transfer, like contracts of sale and transfer deeds. This also involves extensive searches to identify potential problems, including local authority checks, property records, or legal limitations that could affect the transaction.

Conveyancers liaise with several parties, including mortgage lenders, estate agents and solicitors representing the other side. They oversee the exchange of important documents and organise the transfer of funds between each party. 

As the process continues, conveyancers advise their clients so they understand any legal implications that might occur, maintaining a smooth and legal property transfer. The process typically takes between 8 and 12 weeks, but may take more time if legal complications arise, or if there are any delays in securing a mortgage.   

Why Is a Solicitor or Licensed Conveyancer Essential?

If you are taking out a mortgage, a licensed conveyancer or solicitor is not just recommended – it is required. Mortgage lenders insist on legal representation to protect their investment and ensure the transaction meets legal requirements.

Here are the reasons why a solicitor or licensed conveyancer is essential for a successful property transaction. 

1. Professional Expertise

Conveyancers are trained to understand legal matters in property transfers, which helps to minimise the risk of costly mistakes related to missed details or procedural errors.  

Working with a licensed conveyancer also provides invaluable peace of mind. Their fees cover vital services like conducting property searches, preparing legal documents, and liaising with other parties involved in the transaction. 

This extensive support ensures your transaction meets all legal requirements, avoids unnecessary delays, and stays on track. This protects your investment and provides a smoother, less stressful transaction experience.

2. Complexity and Legal Jargon

Conveyancing involves a substantial amount of legal documentation and specialised terminology. Contracts, title deeds, and other important records are filled with clauses and terms that require careful interpretation. Navigating this legal terrain can be daunting for those without formal training. 

Conveyancers need to be licensed by the Council for Licensed Conveyancers (CLC) and train for a minimum of two years before they start work. This gives them the skills to interpret complex legal language and handle property law matters, maintaining compliance with all legal standards. 

Working with a solicitor or licensed conveyancer ensures that someone familiar with legal terminology handles your documents. They can interpret complex terms and explain their implications clearly, assuring that nothing is overlooked.

This level of accuracy helps prevent costly disputes and checks that you fully understand any legal commitments that you make. Having a professional translate and manage this legal jargon reduces the risks and protects your interests throughout this process. 

3. Dealing With Other Solicitors

Effective communication with other parties is essential for any property transaction to go smoothly. 

A solicitor or licensed conveyancer manages all correspondence with the other side’s solicitors, checking that all details are handled professionally. This role is particularly important as property transactions involve multiple parties, requiring clear, accurate communication to avoid misunderstandings. 

A professional conveyancer also acts as an intermediary, handling negotiations and addressing any issues that may arise. Managing these interactions with expertise helps maintain momentum and prevent potential roadblocks.  

A professional conveyancer at the helm oversees communication and can act as an intermediary to resolve any issues that may occur, so the process remains on track. 

4. Legal Protection

Licensed conveyancers are covered by Professional Indemnity Insurance, which provides protection in the event of any mistakes during the transaction.

If the conveyancer does make an error – whether it’s a missed deadline, overlooked legal requirement, or incorrect paperwork – you, as the client, are shielded from the financial consequences of these errors. 

How We Can Help

At Harding Evans, we understand that the conveyancing process can be daunting, whether you’re selling your house or buying your first property. 

Our team of experienced solicitors is here to give you expert guidance and maintain a smooth, efficient property transaction. 

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