Do I need a solicitor to sell my house?
Key takeaways
A solicitor handles the legal process of transferring property ownership. This process is known as conveyancing.
Solicitors’ fees can cost anywhere between £600-£900 when selling your house, and can be considerably more if you are buying at the same time.
It's not a legal requirement to instruct a solicitor when selling your home, but is strongly recommended to avoid any delays or errors.
You still have to pay for the solicitor’s fees if you pull out of a sale.
Do you need a solicitor to sell your house?
No, you don't need a solicitor to sell your house but it's highly recommended that you use someone who is trained in handling the legal process of house selling. This may be a solicitor or conveyancer. Both understand the process and can complete the required paperwork efficiently. They can also deal with any legal and financial issues that occur during the transaction.
Selling a house without their input can cause delays and pose risks to the sale. Many mortgage lenders require the seller to be legally represented, and the buyer's solicitor will likely oppose you doing the legal work if you have an outstanding mortgage on the property.
Plus, buyers feel more confident dealing with a professional when transferring funds and exchanging contracts.
What's the difference between a solicitor and conveyancer?
The main difference between a solicitor and a conveyancer is that a solicitor is a fully-qualified lawyer, while a conveyancer is a property law specialist.
Conveyancers are often a cheaper alternative, as their fees are lower, but you may require a solicitor if your property sale is more complicated, e.g. if legal disputes emerge during the sale.
A solicitor is registered with the Solicitors Regulation Authority (SRA) in England and Wales (Law Society of Scotland or Law Society of Northern Ireland) and can help with all areas of property law, while a conveyancer is regulated by the Council for Licensed Conveyancers. New info and new link
It's worth thinking about which one to choose in advance where possible, as paying for a conveyancer and solicitor is more expensive and you could delay the process by having to deal with two separate parties.
Read our first time buyers guide to conveyancing to find out more about the key differences between a solicitor and conveyancer.
This guide will focus on a solicitor’s role in selling a home, but a conveyancer is also able to handle these key aspects of transferring home ownership from one person to another. I added this to cover off the conveyancer/solicitor question without having to rewrite the whole thing. I hope it works ok.
What does a conveyancing solicitor do to help sell a house?
When it comes to selling a house, a solicitor handles the entire legal process of transferring ownership, known as the conveyancing process. This includes:
Advising on the sale process
Depending on whether your property is leasehold, freehold, or listed, the sale process can vary significantly. A solicitor will guide you through these nuances and ensure you understand the implications of each.
Checking property details and conducting searches
They will check the title deeds, conduct searches, and research who legally owns the property.
I took out the word ‘conveyancer’ to avoid confusion
Searches can include:
Land Registry searches
Local authority searches
Environmental searches
Water authority searches
Preparing necessary documents
From gas safety certificates, to title deeds and land registry, to leasehold property terms, a solicitor will inform you about all the legal documents required for the buyer to proceed with the purchase.
Resolving legal issues
If any legal issues arise during the sale, such as a boundary dispute, your solicitor will be on hand to address them promptly and assess the risks involved, ensuring that any concerns are resolved.
Providing sales progress and updates
Keeping you updated on the process of the sale, which can normally take anywhere between eight and 16 weeks depending on the length of the property chain and any other factors that may affect or delay the process.
Exchanging contracts
A critical stage in the sale of a property, exchanging contracts legally binds both parties to the transaction.
Managing funds
On completion, your solicitor will manage the transfer of funds, including deposits, mortgage money, and other expenses such as legal fees, land registry fees, and estate agent's fees.
At what point do you need a solicitor when selling a house?
You should ideally instruct a conveyancing solicitor as soon as your property goes on the market. However, in practice, many sellers do this straight after accepting an offer. Doing so earlier canto help speed up the process. I think this is more a reflection of the process with my amendments
How much does a solicitor charge to sell a house?
The average solicitor fees depend on several factors, including property's value and whether it is freehold or leasehold.
🚩 If you’re selling only, you can expect to pay somewhere between £600-£900 in total. However, if you’re buying and selling, it can cost you around £2,000-£3,000.
Can you use the same solicitor when buying and selling a house?
Yes, technically the buyer and seller can use the same conveyancing solicitor, provided there is no conflict of interest and it's a simple transaction or a sale between close family members.
However, it's not typically recommended and most solicitors will advise against it and prefer to represent either the buyer or seller separately.
What happens if I don't have a solicitor?
If you don't have a solicitor when selling a house, you'll need to manage the legal tasks yourself, such as preparing contracts and liaising with the buyer's solicitor, which can be very time-consuming.
You'll also lack professional insurance coverage if issues arise.
Can I do my own conveyancing for a cash sale?
When selling a home for cash, you still need to go through the same process as selling to a buyer with a mortgage, which includes providing them with copies of key documents.
There are risks involved with DIY conveyancing if you aren't familiar with the legal aspects of buying or selling a house. So, even if you're selling your house for cash, it's still recommended you instruct a solicitor. I’m not sure it’s correct to say ‘it’s fine’. I’ve switched this round a bit and joined pars together.
Do I have to pay a solicitor if I pull out of a house sale?
Yes, you still have to pay your solicitor if you pull out of a house sale before the exchange of contracts. You will need to pay for all the work that has been done so far, which can include:
Any conveyancing that has been done
Search costs
Mortgage adviser fees
Lender valuation fees
The cost will vary depending on the progress of the sale and the individual solicitor. A general rule of thumb is that the further along in the process you are, the more fees you will be likely to pay.
You can check the terms of your retainer for clarification. Some conveyancing solicitors will charge you by the hour, even if you don't reach the completion date. You should budget for the possibility of a sale falling through before you start the sale process.
Do I need a solicitor when transferring equity in a property?
Yes, a solicitor is recommended if you're transferring the equity, which is when you add or remove someone from the property ownership. The original paragraph raises questions. I think my amended version simplifies it.
Hiring a solicitor ensures all the paperwork is completed correctly. Some forms involved in the transfer process will also need to be witnessed by a legal professional. If a mortgage is involved, the lender may insist that you use a solicitor.
Can I gift my house without a solicitor?
Yes, you can gift your house without a solicitor, as long as it's clear what the gift is and the documents are executed as a deed, being formally signed and legally binding. Added for explanation
You may need to have a legal witness present when signing documents and if a mortgage is involved, the lender may insist you use a solicitor or licensed conveyancer. Repetition typo
Find out more about selling or gifting your home to a family member.
Do I need a solicitor to transfer titles deeds?
No, you don't need a solicitor to transfer title deeds, but, similar to transferring equity, it's generally recommended to instruct a solicitor to witness any legal document signings and advise on legal matters such as stamp duty, capital gains tax, and inheritance tax. Comma moved Remove Oxford comma after duty?
Compare conveyance solicitors with MoneySuperMarket
Here at MoneySuperMarket, we can help you find the right conveyancing for your personal circumstances and budget. Compare quotes in minutes from leading quality-controlled UK firms.
Author
Collette Shackleton
Content Writer
Collette Shackleton is a highly skilled Content Writer who has over nine years’ experience creating helpful and engaging personal finance content for consumers. Collette shares her experience as a...
Reviewer
Mel Hunter
Money & Personal Finance Expert
Mel Hunter has worked as a journalist on national newspapers and magazines for more than 20 years. Writing for a wide range of publications, including Good Housekeeping, Woman & Home, The Telegraph...
