When to Instruct a Solicitor When Buying a House
21/11/2022
(Last Updated: 21/03/2023)
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3 min read
Our clients often ask us 'At what point should I instruct a conveyancing solicitor?' You will always need a conveyancing solicitor (or licensed conveyancer) on both sides of the following property transactions:
- Sale
- Purchase
- Transfer of Equity
- Lease Extension
- Collective enfranchisement
- You will only need one solicitor for both sides of the transaction on a property transfer between family for zero consideration (£0)
We recommend that you choose a conveyancing solicitor, even though some transactions only require a licensed conveyancer. They can be a little more expensive but solicitors are more strictly regulated and can handle more of the complex legal aspects of a property transaction, which can save you having to have both a conveyancer and a conveyancing solicitor.
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At which stage of conveyancing should I instruct my solicitor?
- A
You've found a house you want to buy and you've made an offer
This is when to instruct a solicitor when buying a house, if you're really serious about the property.
Your offer will be better received by the seller and estate agent if you have already instructed a solicitor. It means you are serious about buying the seller’s property and have most likely sent your ID and proof of funds evidence to your solicitor plus paid them your instruction deposit. This will be extra helpful to anyone who is looking for a quick sale.
If you are serious about buying a property then you should have your solicitor instructed and on standby. However, some buyers are reluctant to instruct a solicitor for fear that their offer is not accepted in case they lose the money they've paid to the solicitor on instruction.
Make sure you choose a conveyancer who offers a no sale no fee guarantee, such as ours. This means that if your first purchase fails to go through, your initial deposit on instruction carries through to a different purchase. Terms apply.
The only downside to instructing early is if you aren’t really interested to buy that specific property and are likely to either pull out all together or wait to find another property.
Or;
- B
Your offer has been accepted
You must instruct a solicitor now if you haven't already. You need a solicitor from the point your offer is accepted by the seller because the estate agents need to issue the sales memorandum to both solicitors so that draft contracts can be issued, and the conveyancing process can get underway.
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Written by:
Caragh Bailey
Caragh is an excellent writer in her own right as well as an accomplished copy editor for both fiction and non-fiction books, news articles and editorials. She has written extensively for SAM for a variety of conveyancing, survey and mortgage related articles.
Reviewed by:
Andrew Boast
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.
