Do I Need a Solicitor Before Making an Offer On a House?

• You do not need a solicitor before making an offer, but it's advised to get one and instruct them. This showcases to the seller that you're serious.
• Having a solicitor before making an offer helps if there are potential issues. Those can be flagged by your solicitor early, and not when you're too far in.
• Not having a solicitor in place can impact a chain.

You don't need a solicitor before making an offer, but having one already instructed means the process starts faster once your offer's accepted and shows the seller you're serious and ready to move.

When you're getting ready to make an offer on a house, the question of when to hire a solicitor needs answering. While there’s no legal requirement in place before your offer goes in, you can still make an offer, have it provisionally accepted, and start looking for a conveyancer. You must instruct your solicitor before you can get a formal mortgage offer.

So, if it’s not mandatory, does it matter? The short answer is - yes, it often does. According to recent figures from the National Association of Property Buyers, almost ⅓ of house sales fell through in 2024, largely because people were not ready to move.

Putting a house on the market is a big deal, and sellers want to know they’re dealing with someone serious about buying. In this article, we dive into when you should get a solicitor and how it can affect how smoothly things go.

What are the benefits of having a solicitor before I make an offer?

The first advantage is that the process tends to go a lot faster if you’ve already instructed a solicitor before the offer goes in.

Instead of spending a week finding someone and getting them on the case, your solicitor can request the contract pack immediately and begin work. That reduces the gap between offer acceptance and exchange, which sellers care about when deciding between competing offers.

Having a solicitor ready helps:

• When there are multiple buyers involved offering similar money, the seller will tend to go with whoever looks most organised.
• You want everything done quickly, as you can start straight away once your offer's accepted.
• The seller is in a chain and is looking for a quick completion - being ready keeps things moving at those critical moments.
• The property in question has potential issues - your solicitor can flag problems early before you're too far in.

Getting early advice is another plus. If there are leasehold problems, restrictive covenants, or boundary disputes, your solicitor can spot them before you're committed. That gives you the option to pull out or renegotiate.

Once you're weeks into the process and attached to the place, walking away gets a lot harder. Do you need to pay them up front? No. Most conveyancers charge once your offer's accepted and work begins.

What's involved in instructing a solicitor?

Instructing a solicitor isn't complicated. You contact a conveyancing firm, give them your details, and confirm you want them to act for you. Most firms will ask for ID and proof of address upfront for anti-money laundering checks, but that's usually just a photo of your passport and a recent utility bill.

Once that's done, they'll send you a client care letter explaining their fees and what's included. You may be asked to pay a small search fee deposit, as some firms do. The bulk of any outlay comes later, usually when you exchange contracts or complete the purchase.

What delays can happen without a solicitor ready?

The most common delay is the week or two it takes to find and choose a solicitor and get them instructed after your offer is accepted. That might not sound like much, but in a chain, every buyer's timeline affects everyone else's. If you're holding things up at the start, it can cause problems later.

Here's where delays typically happen:

• Spending time comparing quotes from different firms once your offer's accepted
• Waiting for ID checks and anti-money laundering compliance to go through
• Finding out your solicitor's not on your lender's panel and having to start over
• Discovering the firm is too busy to take you on during peak season
• Contract pack arrives, but you've got no one ready to deal with it

The big risk is losing the property you’ve got your heart set on. If another buyer who's further along makes an offer after yours is accepted, the seller might be tempted to switch. It's not common, but it happens when one buyer looks like they'll complete faster.

Gazumping is less likely when you can show you're ready to move. Sellers know that accepting a higher offer from someone who's not organised might mean things are more likely to go wrong. If you've already instructed your solicitor, that's a significant first step.

Need Help Choosing a Solicitor Before You Make Your Offer?

Getting a solicitor sorted before your offer goes in can make the difference between securing a property and losing out to someone who's more prepared. If you're not sure where to start or you want to get moving quickly, we can help.

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