Conveyancing is the legal side of a property transaction that ensures the smooth transfer of ownership from seller to buyer. It starts when the seller accepts an offer and usually takes about eight to 12 weeks.
You can choose to use a solicitor or a licensed conveyancer when buying or selling a house in Ilford, Romford or Woodford. Both are perfectly well qualified for the job – but what’s the difference?
To explain the difference between a licensed conveyancer and a solicitor, we answer some frequently asked questions about the conveyancing process and the pros and cons of using each one.
We look at the main differences between licensed conveyancers and solicitors and answer some of the questions we often get asked about the process.
Conveyancing is the process by which property is transferred from seller to buyer. It involves various types of legal work, including:
Buying and selling at the same time?
Here are 10 things that could go wrong, and often do go wrong, and what, if anything, you can do to avoid them.
Buying and selling at the same time?
Here are 10 things that could go wrong, and often do go wrong, and what, if anything, you can do to avoid them.
Whether you use a licensed conveyancer or a solicitor, the process is pretty much the same. The difference is that licensed conveyancers are specialists who only work in the property sector. Most work on the sale of residential property every day.
Solicitors are qualified lawyers with experience in any legal field. Some will have experience in conveyancing, but they will also be qualified to work in other areas of the law such as family or employment law.
Both conveyancers and conveyancing solicitors must be registered with the Council of Listed Conveyancers (CLC) to work in property law, but solicitors must also hold membership of The Law Society UK to cover other legal matters – the price difference reflects their expertise and range of legal services.
However, whether it’s better to use a solicitor or conveyancer for your property sale will also come down to where you live, the quotes you receive and whether there is a firm you have an existing good relationship with.
Conveyancers specialise in this field alone, so have a deep knowledge of buying and selling property and are generally less expensive than solicitors. This can make them a good option if yours is a straightforward sale.
However, you might choose a solicitor for a more complicated sale, as they often work across different areas of law. Their legal advice can be invaluable if there’s a boundary dispute, for example, and representation if you need to go to court to resolve it. The downside is that they may be required to attend court, which could make them harder to get hold of.
It’s worth doing your research before choosing a conveyancer or solicitor when selling a house, but where should you start? Here are several ways to find the right option:
Find out how the fees are calculated. You may be quoted a fixed fee, a percentage of the sale price or an hourly rate. Make sure the quotes show all costs, including searches, bank transfer and Land Registry fees and VAT.
You should also find out the cost of any additional work if the process becomes more complex than anticipated.
Find out how your solicitor or conveyancer will communicate with you. Is there a designated person to call or can you email them? Some firms have an online system so you can check on your sale or purchase 24-hours a day.
You don’t have to choose a local firm, but an office where you can drop in with paperwork might speed things up.
If you’re looking for a quick sale, make sure your solicitor or conveyancer hasn’t booked a holiday while your transaction is going through, and find out who you’ll speak to in their absence.
If you are buying a house too, and funding your house purchase with a mortgage, be aware that some lenders will only deal with certain conveyancers or solicitors – those on their “panels”. If you use someone else you may need to pay a fee.
As well as checking the fees, find out as much as you can about how the conveyancer will work day-to-day and how best to communicate with them. Many firms have an online system, allowing you to check the progress of your sale 24-hours a day.
Think about the location of the office – is it close enough for you to drop in with paperwork? Find out too if your designated solicitor or conveyancer has holiday booked and who you can contact when they are away.
There are lots of companies offering an online conveyancing service, which could save you money. Before you sign up, do plenty of research and make sure it is right for you. You may only be able to contact the solicitor online or through a call centre, rather than having a dedicated person for your case.
You should also be aware that they won’t have the local knowledge of a high street firm. Check online reviews, get quotes and look out for hidden extras on the bill.
This is possible but you will need to devote plenty of time and effort to the process. It also comes with risks. You could face increased costs, if you carry out the wrong searches and you won’t have negligence insurance, making you personally liable for any mistakes.
A good legal team is also invaluable if things don’t go to plan, such as problems with a survey or a buyer changing their offer at a late stage.
While it’s likely your sale will go through smoothly, property transactions are a complex business and things sometimes don’t go to plan. From problems with a survey to a buyer changing their offer at a late stage or pulling out altogether, setbacks can cost you money and even jeopardise the sale. Having the right legal team can help – even more reason to choose wisely.
If you’re thinking of selling your home in Tower Hamlets, Redbridge or Newham, we’d be happy to advise you about all aspects of the process. Please give us a call today to discuss our services or book a valuation.
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