Selling a property can involve several different professionals and legal steps, which can make it difficult to know who is responsible for what, particularly if you are a first time seller.
In this guide, we explain what a conveyancer is, how they can support you with selling your house and what to look for when you choose one.
What is a conveyancer?
A conveyancer is the legal professional responsible for transferring a property from one person to another. A range of different legal professionals can be termed a conveyancer, including solicitors, licensed conveyancers and legal executives.
In a legal context, to ‘convey’ means to transfer and, historically, the deed used to transfer ownership of land from one person to another was known as a conveyance.
What is conveyancing?
Conveyancing is the legal process of transferring a property from one person to another. When you are selling a house, your conveyancer will gather the information needed to prove that you own the property (or have the right to sell it), provide the buyer with the legal (and practical) information they need about it and facilitate the transfer.
This includes obtaining the title information, collecting relevant documents from you and preparing the contract pack. The buyer’s conveyancer will then review this information and raise enquiries, which your conveyancer will respond to throughout the transaction, before contracts are exchanged and the sale completes with the transfer of funds.
What does a conveyancer do when selling a house?
When selling a house, your conveyancer is responsible for preparing the legal side of the transaction, providing the buyer’s conveyancer with the information they need to investigate the property and facilitating the exchange of contracts and transfer of funds.
Prove title
One of their first responsibilities is proving title, which means demonstrating that you own the property (or have the legal right to sell it) and providing details of any rights, easements or other matters affecting it. For most registered properties, much of this information can be obtained from HM Land Registry. However, if the property is unregistered, the original title deeds will usually be required.
Collate information for the contract pack
Alongside the information obtained from HM Land Registry, your conveyancer will need you to provide information and documents required for the sale. You will be provided with forms asking for the relevant details and supporting documentation, such as guarantees, planning permissions, building regulation certificates, service agreements etc. Once these have been completed, your conveyancer will collate the information and prepare a contract pack to send to the buyer’s conveyancer.
Respond to enquiries
Having reviewed the information provided, the buyer’s conveyancer will raise enquiries. Your conveyancer is responsible for responding to these, dealing with legal questions directly and coming back to you where an answer depends on your knowledge of the property or further documentation is required.
It is very rare for a sale to progress without any enquiries. In my experience, you can expect at least half a dozen on most transactions, whilst I have seen more complex cases where 50 or more enquiries have been raised. Some can be answered relatively easily, whilst others require further investigation or additional documentation.
Handle exchange, completion and the transfer of funds
Once the legal work is complete and the transaction is ready to proceed, your conveyancer will handle the legal steps required for exchange and completion.
On completion, the buyer’s conveyancer transfers the purchase funds to your conveyancer. Your conveyancer will then use these funds to repay any outstanding mortgage, settle relevant fees and transfer the remaining proceeds to you.
This is another important part of the conveyancer’s role. They are responsible not only for the legal documentation, but also for ensuring that the money involved in the transaction is handled safely and correctly.
What documents do conveyancers need when selling a house?
The documents your solicitor will need depend on the property and any work that has been carried out, but you can expect to provide information and paperwork covering the following areas:
Ownership and title
- Title deeds, particularly if the property is unregistered
- Any other historic property documents you still hold
For most registered properties, your conveyancer can obtain the title information directly from HM Land Registry.
Information about the property
- A completed property information form, covering matters such as boundaries, rights of way, alterations, insurance issues and previous insurance claims
- A completed fittings and contents form, setting out what will be left at the property, such as appliances, curtains, blinds and curtain poles
Alterations and building work
Where work has been carried out to the property, you may need to provide:
- Planning permission
- Building regulations approval
- Evidence that work was carried out under permitted development, where relevant
- Electrical certificates
- Gas certificates
Servicing and maintenance
It is also worth having relevant records readily available, including:
- Boiler service records
- Electrical testing documentation, where available
- Other certificates or paperwork showing that installations have been properly maintained
Leasehold properties
If you are selling a leasehold property, additional information may also be required, including details relating to:
- The lease
- Service charges
- Ground rent
- The management company or landlord
- The management pack
The more of this information you have readily available, the easier it will be for your conveyancer to prepare the contract pack and respond to enquiries from the buyer’s solicitor. Keeping property paperwork organised as you go along can therefore help avoid unnecessary delays when you eventually decide to sell.
What is the conveyancing process for sellers?
The conveyancing process for sellers will usually involve five main stages:
- Initial steps: choosing your conveyancer, providing identification and mortgage details, and completing the required property forms.
- Preparing the contract: your conveyancer gathers the title information and supporting documents before sending the contract pack to the buyer’s conveyancer.
- Responding to enquiries: your conveyancer will respond to any additional enquiries the buyer’s conveyancer raises after reviewing the contract pack.
- Exchange of contracts: once enquiries are resolved and a completion date is agreed, contracts are exchanged and the sale becomes legally binding.
- Completion: the purchase funds are transferred, any outstanding mortgage and relevant fees are paid and the remaining proceeds are sent to you.
For a more detailed explanation of each stage, read our step-by-step guide to the conveyancing process.
Do you need a conveyancer to sell a house?
Whilst the law does not require you to use a solicitor or other legal professional when selling your house, in practice it can be extremely difficult to complete a sale without one, particularly where mortgages are involved. Conveyancers play a critical role in the process, covering everything from verifying your identity and preparing the legal documentation to facilitating the safe transfer of funds.
Without a qualified legal professional involved, there is also a greater risk that an important issue is missed or incorrect information is provided. Sellers need to ensure that the information they provide about their property is accurate. Misrepresenting information could potentially give the buyer grounds to bring a claim after the sale has completed.
For these reasons, it is very rare for someone to attempt to sell their house without professional legal support. It is more common for people to attempt some aspect of the process themselves, but even in these cases, people often reach a stage where they need support from a legal professional.
How to choose a conveyancer solicitor?
When choosing a conveyancing solicitor, it is often worth looking beyond price alone. The quality of service and communication, as well as the expertise of the professional handling your file, can make a significant difference to your experience.
Useful things to consider include:
- CQS accreditation: the Law Society’s Conveyancing Quality Scheme is a recognised quality mark for residential conveyancing firms and requires ongoing training and assessment.
- Who will handle your transaction: knowing who is handling your transaction and having direct contact with them can make a real difference if issues arise or you have questions. Some high-volume firms use less experienced staff for much of the process, only passing the file to a qualified person at key stages, which can impact communication and sometimes result in delays.
- Communication: look at reviews and ask how the firm keeps clients updated. Being able to speak to someone who understands your transaction is particularly important when problems arise.
- Local expertise: a conveyancer with extensive experience of the local property market may already be familiar with issues particular to the area and have established relationships with other local professionals involved in transactions.
- Recommendations: personal recommendations can be valuable, particularly from people who have recently bought or sold a property. Local estate agents can also recommend conveyancers they know progress transactions efficiently, although it is worth asking whether any referral fee is involved.
- Transparent pricing: compare what is actually included within the quote, rather than price alone. Some firms charge separately for individual elements of the transaction that others include within their standard fee.
Scott Bailey’s roots in Lymington date back to the 1930s and our conveyancing team has extensive experience handling property sales and purchases across the New Forest, Hampshire and surrounding areas. Over that time, we have built a strong local reputation for the expertise of both our skilled lawyers and highly experienced support team.
Our pricing is fair and transparent, reflecting the quality of service and level of client care we provide. We also do not pay referral fees to estate agents, so any recommendation from a local agent is made independently.
If you need a conveyancer to help sell your home, please get in touch.
