Wyn Williams, Head of Residencial Conveyancing at Harding Evans, explores how instructing a solicitor earlier could help reduce delays in property transactions.
Part and parcel of my job is receiving calls and emails from estate agents and mortgage brokers asking for an update on a transaction.
And, if I’m honest, many of those conversations end with the same response:
“I’m waiting for…”
Waiting for identification.
Waiting for completed forms.
Waiting for title documents.
Waiting for client instructions.
Waiting for paperwork that could have been dealt with weeks earlier.
It seems strange that in an industry where everyone is focused on reducing transaction times, we continue to accept delays at the very beginning of the process. Buyers want to move quickly. Sellers want certainty. Agents want completions. Brokers want mortgages progressing. Yet we often don’t start the legal work until after a buyer has been found.
If there was a way to potentially save several weeks on a transaction, would it be worth exploring?
I believe it would.
A number of years ago, I approached several agents with a simple suggestion: encourage sellers to instruct their solicitor when the property is listed rather than waiting until an offer is accepted.
The idea was straightforward. We would:
- Verify the client’s identity.
- Review the title documentation.
- Highlight any potential title issues.
- Prepare the draft contract documentation.
- Get the seller’s paperwork completed and ready.
Then, when a sale is agreed and the memorandum of sale arrives, the contract pack can often be issued the same day, sometimes within hours.
The response at the time was somewhat lukewarm. The most common concern was that sellers would be reluctant to pay for legal work before they had secured a buyer.
However, I would ask a different question.
If a seller is unwilling to commit a relatively modest amount towards preparing their property for sale, how committed are they to the process itself?
Estate agents regularly invest significant time, effort and marketing expenditure in securing a buyer. Early instruction can help identify serious sellers from the outset and ensure that everyone involved is working with clients who are genuinely committed to moving.
The Benefits of Early Instruction
When sellers instruct a conveyancer as soon as their property goes on the market, they can:
Speed Up the Sale Process
With identification checks completed, paperwork returned and title issues reviewed in advance, the legal process can begin immediately once an offer is accepted. This removes unnecessary delays and helps maintain momentum.
Reduce Stress and Uncertainty
Sellers who have completed their documentation and provided the necessary information are ready to proceed when a buyer is found, removing a great deal of last-minute pressure.
Present a More Attractive Proposition
A legally prepared seller sends a positive message to buyers. It demonstrates organisation, commitment and a desire to progress matters efficiently.
What Does This Mean for Estate Agents?
Faster Completions
The legal process starts earlier, reducing the likelihood of transactions stalling at the outset and helping sales reach completion sooner.
Fewer Fall-Throughs
The longer a transaction drags on, the greater the risk that something changes. Removing avoidable delays can help keep transactions together.
Happier Clients
Sellers appreciate a proactive approach and a smoother experience, leading to stronger relationships, referrals and positive reviews.
Less Chasing
If paperwork is already completed and contracts are ready to issue, there is less time spent chasing documents and more time spent progressing sales.
Will It Solve Everything?
No.
Property transactions will always involve multiple parties, chains, mortgage lenders and external factors that can cause delays.
But will it help?
Absolutely.
If we can remove four weeks of unnecessary delay from the start of the process, improve communication and get sellers transaction-ready from day one, that has to be worth considering.
As an industry, we’re all striving for the same outcome: quicker transactions, happier clients and more successful completions. Early instruction won’t solve every problem, but it is one practical step that can make a genuine difference.
Perhaps it’s time we stopped accepting the same delays and started challenging them.
