Hiring a conveyancing solicitor or licensed conveyancer is not a legal requirement when selling a property, but it is highly recommended.
Transferring ownership of a property requires a lot of legal work and, without the necessary legal experience, attempting to do this yourself may result in delays and misunderstandings.
Moreover, some mortgage lenders require you to use a solicitor and, if you have an existing mortgage, the buyer’s solicitor may also object to you handling the legal work.
This guide will explain why it is important to use a solicitor and the risks of not having one when selling a home.
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What Does a Solicitor Do?
Your solicitor will explain the selling conveyancing process to you and manage all the legal aspects to make the process as easy as possible.
The process usually takes 8-12 weeks, though it may take longer for leasehold properties due to additional paperwork.
Hare the duties your conveyancer will carry out:
- Getting title deeds, drafting a contract,
- Responding to pre-contract enquiries,
- Paying off your mortgage (if applicable),
- Exchanging contracts,
- Arranging completion day,
- Paying Land Registry fees.
The buyer’s solicitor must also complete conveyancing searches to identify any issues with the property or area and negotiate with the buyer’s surveyor.
Can I Do My Own House Sale Conveyancing?
You can handle the conveyancing for selling your house on your own. This is known as DIY Conveyancing and it can help you save on legal costs. However, keep in mind that it could slow down the process and any mistakes could cause you to pay more than you initially saved.
The best way to plan your budget is to use our Conveyancing Fees Calculator. This will help you estimate the legal costs if you use a solicitor or conveyancer.
Using a Solicitor vs. DIY Conveyancing
DIY conveyancing may be suitable for certain property sales. However, to ensure a successful process, it is best to have a legal representative.
Our research has revealed that the advantages of using a conveyancing solicitor make it worth the effort, compared to not having a solicitor to sell your home.
Using a Solicitor or Conveyancer
Solicitors and conveyancers have the expertise and knowledge to guide you through the legal process. They can offer legal advice and ensure all paperwork is correct and submitted on time. They also have the necessary insurance, so you can trust that the job will be done.
Most solicitors and conveyancers are regulated by either the SRA, CLC, LSS, LSNI, or CILEX.
One of the main disadvantages is the cost. In buying and selling processes, solicitors and conveyancers are one of the most expensive options. Complex cases tend to be even more costly.
DIY Conveyancing
You can save money if you opt to do your conveyancing. It is also suitable for those with prior legal knowledge of the conveyancing process, as they will know what to expect. Nevertheless, there are many risks involved.
People without legal expertise may face delays if they haven’t filled out the forms and gone through the procedures beforehand. This could lead to costly errors, which might cost more in the end than hiring a solicitor.
Do I Need a Conveyancer or a Solicitor?
If your sale is straightforward, you can choose between a conveyancer or a solicitor. Both of them are qualified to help you through the legal process.
For more complex properties such as help to buy and shared ownership, you need to hire a conveyancing solicitor. These professionals are trained in both property law and conveyancing, making them well-equipped to handle complicated cases.
What Documents Do I Need to Sell My House?
If you choose not to hire a solicitor, you will be responsible for obtaining and filling out several legal documents and forms.
These documents, needed when selling a house, include:
- TA6 Form,
- TA10 Form,
- TA7 Form (for selling a leasehold),
- Home Report (for properties in Scotland).
Additionally, you will have to draft a contract at the start of the process, answer any pre-contract enquiries, and keep in touch with mortgage lenders and other relevant third-party services. However, those who choose to hire a solicitor won’t have to worry about any of this, saving them time, money, and stress.
How Much Does a Solicitor Cost for Selling?
The average solicitor fee for selling a house is £1,690. These fees typically consist of legal costs and disbursements that vary depending on factors like the home’s value, type and location.
If extra work is needed for the sale, extra costs may be incurred for leasehold, shared ownership, Help to Buy or Right to Buy properties. Solicitors usually charge an hourly rate or may offer a flat fee structure, but it’s safe to assume that more complex transactions will come with higher fees.
Do you need a solicitor to sell your house in the UK?
Selling your house without a solicitor is not impossible; it’s quite doable if you know how.
You may also save yourself a good chunk of money in fees. However, the real issue for most of us is not money, but time. You may pay for an agent to sell your property or a property marketing company to create a 360-degree virtual tour, but why? You’re paying for their time and expertise, which is their value.
That is why we advise against DIY conveyancing.
If things take an unexpected turn for the worse, even a conveyancer won’t be able to legally assist you, as it’s beyond their pay grade.
So, you won’t stand a chance if you don’t know much about property. This means that if you try to cheap out on your legs, you only increase the risk of it costing you more.
In comparison to a legal pro, you’re more likely to make a mistake, and so those extra couple of hundred for a conveyancing solicitor don’t seem so much.
Our advice is to hand off the job of legal to a solicitor and use the free time to spend with your family or work on yourself. It’s priceless.
You may be surprised to learn that due to the internet, solicitors have become far more competitive, so you can find a good legal professional at a reasonable price. In some cases, you might not even have to pay for them at all.
How to sell a house FAST & get a solicitor for FREE!
Cheaping out on a solicitor doesn’t make sense, but that doesn’t mean you can’t get one for free. Believe it or not, you can sell your house and get your conveyancing fees covered – at no cost. And it can be done in as little as 10 days if you want to move quickly.
As an industry-leading cash buyer of property, we can do just that. Our team of experts has over fifty years of experience in buying property and is well-versed in working with solicitors to get your property sold quickly.
Plus, we even cover your surveys as a special thank you for choosing us, so there are no sale fees, solicitor fees, agent’s fees, auction fees, or survey fees.
The amount we offer is the amount of cash you get transferred into your bank as soon as the sale goes through. So if you’re looking to avoid the open market and solicitor fees, look no further.
Property Saviour Price Promise
- The price we’ll offer is the price that you will receive with no hidden deductions.
- Be careful with ‘cash buyers’ who require a valuation needed for a mortgage or bridging loan.
- These valuations or surveys result in delays and price reductions later on.
- We are cash buyers. There are no surveys.
- We always provide proof of funds with every formal offer issued.
We'll Pay £1,500 Towards Your Legal Fees
- No long exclusivity agreement to sign because we are the buyers.
- You are welcome to use your own solicitor.
- If you don’t have one, we can ask our solicitors for recommendations.
- We share our solicitor’s details and issue a Memorandum of Sale.
Sell With Certainty & Speed
- Our approach is transparent and ethical, which is why sellers trust us.
- 100% Discretion guaranteed.
- If you have another buyer, you can put us in a contracts race to see who completes first.
- Complete in 10 days or at a timescale that works for you. You are in control.
