Do I need a solicitor to sell my house?
Looking to sell your home? Then chances are you are weighing up whether to engage a solicitor to help with the process. Read on and we’ll explain what a solicitor does to help sell a house, how they handle the legal aspects of the sale, and whether you should get one.
Key takeaways
A solicitor handles the legal process of transferring property ownership, known as conveyancing
Solicitors fees can cost anywhere between £600-900 when selling your house
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 solicitors 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. Solicitors understand the process and can complete the required paperwork more efficiently. They can also deal with any legal and financial issues that occur during the transaction.
Selling a house without a solicitor 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 solicitor when transferring funds and exchanging contracts.
What does a conveyancer solicitor do to help sell a house?
A solicitor is registered with the Solicitors Regulation Authority (SRA) and can help with all areas of property law.
When it comes to selling a house, a solicitor handles the entire legal process of transferring ownership, known as the conveyancing process. This includes:
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.
A conveyancer will check the title deeds, conduct searches, and research who legally owns the property.
Searches can include:
Land Registry searches
Local authority searches
Environmental searches
Water authority searches
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.
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 as they pertain to the sale.
Keeping you updated on the process of the sale, which can take anywhere between eight and 16 weeks depending on the length of the property chain and any other mitigating factors.
A critical stage in the sale of a property, exchanging contracts legally binds both parties to the transaction.
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.
Advising on the sale process
Checking property details and conducting searches
Preparing necessary documents
Resolving legal issues
Providing sales progress and updates
Exchanging contracts
Managing funds
At what point do you need a solicitor when selling a house?
You should instruct a conveyancing solicitor as soon as your property goes on the market. However, you can also instruct a solicitor before putting your home on the market or accepting an offer to help speed up the process.
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.
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.
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.
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 legal tasks yourself, such as preparing contracts and liaising with the buyer's solicitor, which can be very time-consuming.
You'll lack professional insurance coverage if issues arise. While not legally required, using a solicitor is recommended for handling legal complexities efficiently.
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 giving copies of key documents.
DIY conveyancing is fine, but there are risks involved 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.
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:
The surveyor's report
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 conveyancer 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, it's a legal requirement to instruct a solicitor if you're the one receiving deed or shares in a property but a solicitor is generally recommended even if you're the one transferring the equity.
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.
You may need to have a legal witness present when signing documents and if a if a mortgage is involved, the lender may insist you use a solicitor or licensed conveyancer.
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.
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