Buying or selling a home: a practical conveyancing guide

Key takeaways

Conveyancing is the legal work that transfers a home from seller to buyer and checks the title, contract and key property information.

After an offer is accepted, the buyer and seller each have separate legal tasks. Early instructions and prompt replies help the move progress.

Exchange of contracts is the point when the agreement becomes legally binding in England and Wales. Completion follows on the agreed date.

Searches, surveys and mortgage checks answer different questions. A survey is not a substitute for legal checks.

Ask for a written quote that separates legal fees, VAT, disbursements and any extra work that may apply.

Buying or selling a home: the conveyancing process explained

Buying or selling a home involves more than agreeing a price and arranging a moving date. Conveyancing is the legal process for transferring ownership. It includes reviewing the title and contract, checking information about the property, raising questions, arranging the transfer of funds and completing the registration steps that follow.

A clear plan helps buyers, sellers and their estate agents understand what needs to happen next. This guide explains the main stages, what your solicitor does, what you can prepare and where delays often arise. For tailored help with a home move, speak with Smithfield Partners and its residential property team.

What does a conveyancing solicitor do?

A conveyancing solicitor or licensed conveyancer manages the legal work for a purchase or sale. The work depends on the property and transaction, but can include checking ownership records, reviewing the contract, raising and answering enquiries, reporting relevant findings, coordinating with the other side and the mortgage lender, arranging completion funds and submitting registration documents after completion.

Buyers and sellers can have different legal needs. A buyer will usually need checks on the property and, where relevant, the mortgage. A seller will usually provide title information and property forms, answer questions and agree the contract and completion arrangements. A solicitor cannot control how quickly other parties respond, but can explain what is outstanding and what action is needed.

Buying a home: the main steps

1. Choose your solicitor and share the basics

Once your offer is accepted, instruct a solicitor and provide the property details, agreed price, estate agent details, mortgage information if applicable and your target dates. Your solicitor will complete identity and source of funds checks and confirm the scope of work and costs.

2. Review the contract and investigate the property

The seller’s solicitor prepares a draft contract pack. Your solicitor reviews the title documents and property information, orders the appropriate searches and raises enquiries where information needs clarification. The searches may identify matters such as local authority records, drainage, environmental risks or other issues relevant to the property.

Read the documents and reports carefully, and ask questions about anything you do not understand. Legal checks focus on ownership, rights, restrictions and information about the property. A survey looks at physical condition. Buyers should consider both and discuss any concerns with the relevant professional.

3. Confirm your mortgage and funds

If you are using a mortgage, your lender will have its own requirements and will arrange a valuation. A valuation is for the lender and is not a full condition survey. Your solicitor checks the mortgage instructions and coordinates the legal work with the lender. Tell your solicitor promptly about changes to your funding, ownership arrangements or intended use of the property.

4. Understand the report and agree a way forward

Your solicitor explains the legal findings and any issues that need a decision. Some matters can be resolved by obtaining documents or answers. Others may require advice, further investigation, a change to the contract or a decision about whether to proceed. The right next step depends on the facts of the transaction.

5. Sign and exchange contracts

Before exchange, both sides agree the final contract and completion date, and the buyer arranges the balance of funds required. Your solicitor will explain the commitments involved and confirm when the conditions for exchange are met. In England and Wales, exchange of contracts makes the agreement legally binding.

6. Complete the purchase

On the completion date, your solicitor sends the purchase money to the seller’s solicitor. Once completion is confirmed, the keys can be released under the arrangements made by the parties. Your solicitor then deals with any required tax return and applies to register your ownership and mortgage with HM Land Registry. The timing of registration can vary.

Selling a home: what to expect

A seller usually instructs a solicitor after accepting an offer. The solicitor obtains the title information, prepares the contract pack and sends property forms for completion. Give accurate answers and share relevant documents promptly. If you do not know an answer, say so rather than guessing.

Your buyer’s solicitor will raise questions about the title and the information supplied. Your solicitor helps you respond, agrees the contract and coordinates the proposed completion date. Before exchange, check the practical arrangements for moving and ensure you understand the date and commitments. After completion, repay any mortgage from the sale proceeds and arrange for the transfer of the balance.

Documents sellers can prepare

Useful documents may include planning permissions and building regulation certificates for alterations, guarantees, service records, leasehold statements and information about boundaries or rights of way. The documents needed depend on the home. Missing paperwork does not always prevent a sale, but it can lead to extra enquiries or delay while alternatives are considered.

Buying and selling at the same time

When you are in a chain, your purchase and sale are linked to other transactions. Your solicitor will coordinate with the other conveyancers, but the chain also depends on buyers, sellers, lenders, agents and third parties. Keep your solicitor updated about changes and avoid making commitments based on an unconfirmed completion date.

What conveyancing costs should I budget for?

A quote may include the solicitor’s legal fee, VAT, disbursements and charges for work that depends on your transaction. Disbursements can include searches and registration fees. Other costs may apply depending on the property, mortgage, tenure and circumstances. Stamp Duty Land Tax may be payable in England, subject to the applicable rules and your situation.

Ask for an itemised written quote and check what is included, what could be additional and when payment is due. Smithfield Partners publishes its current residential conveyancing pricing on the pricing page. The final costs depend on the details of the transaction.

What commonly causes delays?

A transaction may take longer when searches or replies are outstanding, title or lease documents are missing, a mortgage offer is delayed, or a chain is not ready. Further investigation may be needed if the paperwork raises an issue. These points vary from one move to another, so a reliable completion date should only be agreed when all parties are ready.

How to help your move progress

• Instruct your conveyancer promptly and complete identity checks early.

• Return forms and requested documents as accurately and quickly as you can.

• Tell your solicitor about changes to your mortgage, funds or plans.

• Read reports and ask questions before you commit to exchange.

• Confirm completion arrangements with your solicitor and moving company only when dates are agreed.

• Verify any request to change bank details using a trusted phone number you already hold. Do not rely on contact details in an unexpected email.

Choosing a conveyancing solicitor

When comparing conveyancing solicitors, look beyond the headline fee. Ask who will handle your matter, how updates are provided, what the quote includes, which additional costs could apply and how urgent questions are managed. Check that the firm is authorised and that the service suits the type of property and funding involved.

Smithfield Partners advises buyers and sellers on residential property transactions. Find out more about our residential conveyancing services or review our current conveyancing pricing before you instruct. Contact the team to discuss the details of your move.

Frequently asked questions

When should I instruct a conveyancing solicitor?

You can compare firms before making an offer, then instruct a solicitor promptly once an offer is accepted. Early instruction gives time to complete checks and prepare the transaction.

Are searches the same as a survey?

No. Searches investigate records and issues relevant to the property. A survey assesses its physical condition. They serve different purposes.

When does a property sale become binding?

In England and Wales, the contract usually becomes legally binding on exchange. Your solicitor will explain the specific commitments and confirm when exchange has taken place.

What costs are involved in conveyancing?

Costs can include legal fees, VAT, disbursements and transaction specific work. Taxes and registration charges depend on the property and your circumstances. Request an itemised quote.

Can I change my completion date?

A completion date is agreed between the parties and depends on the transaction being ready. Speak to your solicitor as early as possible if your preferred date changes.

This guide provides general information about residential conveyancing in England and Wales. It is not legal advice for a specific transaction. The right steps depend on the property and your circumstances.