When to Instruct a Solicitor When Buying a House
You will always need a conveyancing solicitor (or licensed conveyancer) on both sides of property transactions, whether it's a sale, purchase, transfer of equity, or lease extension.
While it might seem early to instruct from the moment you make an offer, being prepared with your legal team on standby can demonstrate your seriousness to sellers, speed up initial checks, and ensure you're protected from the outset.
When to instruct a solicitor
The question of when to instruct a solicitor when buying a house is one of the most frequently asked by homebuyers. While there's no strict legal deadline before your offer is accepted, you must instruct a solicitor, and we recommend doing so as early as possible.
The ideal time to instruct your solicitor
The optimal time to instruct a solicitor when buying a house is when you are serious about making an offer, or immediately after your offer has been accepted.
- If you've already instructed a solicitor and completed initial ID checks, it signals to the seller and estate agent that you are a serious and prepared buyer. This can give you a competitive edge, especially in markets where competition is intense.
- Your solicitor can begin the initial client onboarding process, including ID verification and proof of funds checks, ahead of time. This means that once your offer is accepted, they can hit the ground running, reducing potential delays.
- An early instruction allows your solicitor to review any preliminary property information you have (e.g., from the estate agent) and flag potential issues early, rather than discovering them later in the process.
Why do you need a conveyancing solicitor for your purchase?
A conveyancing solicitor or licensed conveyancer is your legal representative throughout the property transaction. Their role is to handle all the legal and administrative work involved in transferring ownership from the seller to you. This includes:
- Conducting property searches (e.g., local authority, environmental, water, and drainage).
- Reviewing the draft contract and title deeds for any issues.
- Liaising with the seller's solicitor, your mortgage lender, and the estate agent.
- Ensuring all legal conditions are met before exchange of contracts and completion.
- Managing the transfer of funds and registration of your ownership with the Land Registry.
Solicitor vs Conveyancer
When you're looking to instruct a solicitor, you might encounter both "solicitors" and "licensed conveyancers." Both are qualified to handle property transactions, but there are subtle differences:
- Solicitors: Are qualified lawyers regulated by the Solicitors Regulation Authority (SRA). They can handle a broader range of legal matters beyond conveyancing, which can be beneficial if complex legal issues arise during your property transaction (e.g., probate, divorce, boundary disputes).
- Licensed Conveyancers: Are specialist property lawyers regulated by the Council for Licensed Conveyancers (CLC). Their expertise is exclusively in property law, making them highly efficient for straightforward transactions.
While licensed conveyancers are perfectly capable for most standard purchases, some buyers prefer a solicitor for the added breadth of legal expertise.
- Fixed, competitive legal fees with no hidden costs.
- Expert conveyancing solicitors with proven local knowledge.
- No Sale, No Fee protection for your transaction. Terms apply.
- On 99% of mortgage lender panels.
- Fast completions.
- We can solve any property challenge.
The benefits of instructing a solicitor early
Streamlining the Process
Conveyancing involves a significant amount of administrative work and information gathering right from the start. Early instruction allows your solicitor to begin these preparatory steps:
- Expedited ID and Anti-Money Laundering (AML) Checks: Solicitors are legally required to conduct rigorous ID and AML checks. Completing these upfront means there's no hold-up once your offer is accepted. You can send your ID and proof of funds evidence to your solicitor, and they can verify it in advance.
- Proactive Information Gathering: Your solicitor can start gathering preliminary information about the property and chain, if applicable, even before the formal contract pack is issued. This might include reviewing any publicly available title information or discussing the seller's readiness.
- Early Problem Identification: While a full survey comes later, your solicitor can identify potential legal red flags from initial discussions or basic property information. For example, if the property has an unusually short lease or complex shared ownership arrangements, they can advise you on these aspects early.
No Sale No Fee Conveyancing explained
One of the primary concerns for homebuyers when instructing a solicitor is the potential for financial loss if the transaction falls through. This is where a "no sale, no fee" guarantee comes in.
What does 'no sale, no fee' mean?
A "no sale no fee" conveyancing agreement means that if your property purchase (or sale) does not complete for reasons outside of your control, you will not be charged for the solicitor's legal fees.
You would typically only be liable for any third-party disbursements already incurred (e.g., searches that have already been paid for and carried out).
Many reputable conveyancing firms, including ours, offer this guarantee. This means that if your first purchase fails to go through, your initial instruction deposit is often carried over to a different purchase, or you are not charged for the legal work done up to that point. Terms apply.
Fixed Fee Conveyancing
In addition to "no sale no fee," many conveyancing solicitors also offer fixed fee conveyancing. This provides transparency by giving you a clear, upfront quote for the solicitor's legal fees, helping you budget effectively from the start of your property journey.
Your solicitor's role in the conveyancing process
Here is a top-level view on your solicitor's role during the conveyancing process:
- 1a
Instruct a Solicitor
- Getting Quotes & Choosing Your Firm: This is where you research and compare conveyancing quotes from various firms. Look for transparent fees, good reviews, and crucially, confirm they are on your prospective mortgage lender's panel (if you have one in mind).
- Initial Client Care & ID Checks: Once you choose a solicitor, they'll send you their client care letter, terms of engagement, and request proof of identity and address to comply with anti-money laundering regulations. This is a vital step that must be completed early.
- Pre-Offer Advice (Optional but Recommended): A proactive solicitor can offer preliminary advice even before you've found a property. This might include explaining the conveyancing process, potential pitfalls, or initial thoughts on specific property types (e.g., leasehold vs. freehold).
While an offer being accepted is often seen as the starting gun for conveyancing, it's beneficial to instruct a solicitor even before this point. Having a solicitor ready means you can hit the ground running, avoiding unnecessary delays once your offer is formally accepted. This initial stage involves:
- 1b
Offer Accepted
- Initial Paperwork & Checks: Your solicitor will send you client care letters, terms of engagement, and forms for ID verification (if not already completed). They will also request initial funds for disbursements like searches.
- Draft Contract Pack: The seller's solicitor will prepare and send the draft contract pack (or leasehold management pack if leasehold), which includes the draft contract, title deeds, and various property information forms (TA6- Property Information Form, TA10 - Fittings and Contents Form, etc.). Your solicitor will meticulously review these.
This is the point where your solicitor's active work begins, if you haven't already instructed them. Once your offer has been accepted, the estate agents will issue a 'Memorandum of Sale' to both your solicitor and the seller's solicitor. This document formally kickstarts the legal process.
- 2
Searches and Enquiries
- Ordering Searches: Your solicitor will order various property searches, including Local Authority, Environmental, Water and Drainage, and potentially Chancel Repair or Coal Mining searches, depending on the property's location. These searches provide information about planning permissions, restrictions, flood risks, and more.
- Raising Enquiries: Based on the contract pack and search results, your solicitor will raise any necessary enquiries with the seller's solicitor, asking for clarification or further documentation on anything that raises a concern. This is a crucial phase for identifying and resolving potential problems before you are legally committed.
- Mortgage Liaison: If you are obtaining a mortgage, your solicitor will also liaise with your lender, ensuring all their requirements are met and receiving the formal mortgage offer.
Once your solicitor has the contract pack, they will proceed with essential investigations to uncover any potential issues with the property or land.
- 3
Exchange of Contracts
- Final Checks: Before exchange, your solicitor will ensure all searches are satisfactory, all enquiries have been answered, your mortgage offer is firm, and your deposit funds are in place.
- Binding Agreement: Once contracts are exchanged, neither you nor the seller can back out without severe financial penalties. Your solicitor ensures you understand the full implications before this step.
This is the moment when the sale becomes legally binding. Both parties sign identical contracts, and your solicitor will exchange them with the seller's solicitor.
- 3
Completion
- Transfer of Funds: Your solicitor will arrange for the full purchase funds to be transferred to the seller's solicitor.
- Key Release: Once funds are received by the seller's solicitor, they will confirm completion, and you can collect the keys to your new home, usually from the estate agent.
- Post-Completion Formalities: After completion, your solicitor will handle the payment of Stamp Duty Land Tax (SDLT) on your behalf and register your ownership with HM Land Registry.
Completion is the day you officially become the owner of the property.
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Caragh is an excellent writer and copy editor of books, news articles and editorials. She has written extensively for SAM for a variety of conveyancing, survey, property law and mortgage-related articles.
Andrew started his career in 2000 working within conveyancing solicitor firms and grew hands-on knowledge of a wide variety of conveyancing challenges and solutions. After helping in excess of 50,000 clients in his career, he uses all this experience within his article writing for SAM, mainstream media and his self published book How to Buy a House Without Killing Anyone.
