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Written by: Ruth Stevenson, Conveyancing Team at Ives & Co Solicitors
If you are purchasing or selling a property, it is sensible to choose your conveyancing solicitor as early as possible.
Purchasers should ideally choose a conveyancing solicitor before making an offer and formally instruct them as soon as an offer is accepted. Vendors can benefit from instructing a solicitor before, or as soon as, their property is placed on the market.
Getting your solicitor involved early allows important administrative and legal steps to be dealt with promptly and can reduce avoidable delays once the transaction begins.
Table of Contents
- When to instruct a conveyancing solicitor at a glance
- What does instructing a solicitor mean?
- When should a purchaser instruct a solicitor?
- When should a vendor instruct a solicitor?
- What happens after you instruct your solicitor?
- Why do AML and source of funds checks happen early?
- Can instructing a solicitor early speed up conveyancing?
- What should you look for when choosing a conveyancing solicitor?
- What if you need a mortgage?
- What about leasehold, new-build or unusual properties?
- Frequently asked questions
- Speak to a conveyancer
When Should You Instruct a Conveyancing Solicitor? At a Glance
The best time depends on whether you are purchasing or selling.
If you are purchasing: research and choose your solicitor before you find a property if possible, then formally instruct them as soon as your offer is accepted.
If you are selling: consider instructing your solicitor when you decide to put your property on the market. This gives you time to complete initial checks, forms and other preparatory work while waiting for a purchaser.
You do not necessarily need to wait until an offer has been accepted before speaking to a conveyancing solicitor.
What Does Instructing a Solicitor Mean?
“Instructing” a solicitor means formally asking them to act for you in the transaction.
Before substantive legal work can begin, your solicitor will normally need to open a file and complete their onboarding requirements.
You will usually receive information explaining:
- The work the firm will carry out
- The anticipated legal fees and other costs
- The firm’s terms of business
- What information and documents you need to provide
- Who will deal with your transaction
You will also need to complete identity and Anti-Money Laundering checks.
Receiving a quotation is not necessarily the same as formally instructing a firm. Make sure you complete the steps required to open your file and allow work to begin.
When Should a Purchaser Instruct a Solicitor?
If you are purchasing a property, it is useful to research conveyancing solicitors before you start making offers.
Once your offer is accepted, you should formally instruct your chosen solicitor as soon as possible.
The estate agent will normally ask for your solicitor’s details so that the relevant transaction information can be provided to the solicitors acting for both parties.
Your solicitor can then begin dealing with the legal aspects of the purchase once the necessary documentation is received. This can include reviewing the contract and title, arranging searches, raising enquiries and dealing with your mortgage lender’s legal requirements where applicable.
Choosing your solicitor beforehand means you can provide their details promptly rather than beginning your search after your offer has been accepted.
There may also be circumstances where you should obtain legal advice before making an offer, particularly for auction purchases or transactions involving unusual legal issues or tight deadlines.
When Should a Vendor Instruct a Solicitor?
Vendors can often benefit from instructing a conveyancing solicitor before a purchaser has been found.
There is preparatory work that can be completed while the property is being marketed.
Your solicitor may ask you to provide information and documents relating to:
- The property and its ownership
- Fixtures and fittings
- Alterations or extensions
- Planning permissions
- Building regulations approvals
- Guarantees and warranties
- Leasehold or management information, where applicable
Gathering this information early can put your solicitor in a better position to prepare the contract documentation once a purchaser is found.
It can also highlight missing paperwork or another issue that may otherwise cause a delay later in the transaction.
What Happens After You Instruct Your Solicitor?
Your solicitor will normally need to complete several initial steps before the transaction can progress fully.
These may include:
- Opening your file
- Providing terms of business and cost information
- Confirming your identity
- Completing Anti-Money Laundering checks
- Obtaining information about the transaction
- Checking your source of funds where you are purchasing
- Obtaining property information where you are selling
Your solicitor may also request money on account before ordering searches or incurring other expenses.
Responding promptly to requests for information and documentation can help the legal work begin without unnecessary delay.
Why Do AML and Source of Funds Checks Happen Early?
Solicitors have legal and regulatory obligations relating to Anti-Money Laundering (AML).
You will therefore be asked to provide proof of your identity and address and, where appropriate, evidence concerning the source of the money being used for the transaction.
For purchasers, this might involve providing evidence of savings, sale proceeds, gifts, inheritance or other funds contributing towards the purchase.
These checks can sometimes feel intrusive, but they are a necessary part of the process.
Providing the requested information promptly and completely can help avoid unnecessary delays during the early stages of your transaction.
Can Instructing a Solicitor Early Speed Up Conveyancing?
Instructing early does not guarantee that your transaction will complete more quickly. Conveyancing involves several parties and some matters will be outside your solicitor’s control.
However, early instruction can help eliminate avoidable delays.
For a vendor, property forms and supporting documents can potentially be prepared before a purchaser is found.
For a purchaser, having a solicitor ready means their details can be provided immediately after the offer is accepted and the initial requirements can begin promptly.
The aim is to make sure your transaction is ready to progress when the other parties are.
What Should You Look for When Choosing a Conveyancing Solicitor?
Price is important, but it should not be the only consideration.
When comparing conveyancing services, consider:
- What is included in the quotation
- Whether additional charges may apply
- Who will deal with your transaction
- How you will communicate with them
- Whether they have experience with your type of property
- Whether they can act for your proposed mortgage lender
- Choosing a local solicitor can also help; they are often more accessible and know the area, which can be especially useful when purchasing.
If you are obtaining a mortgage, checking that your solicitor can also act for your lender is particularly important. If they cannot, another firm may need to become involved, potentially adding cost and delay.
You may receive recommendations from estate agents, mortgage brokers or lenders, but you are not obliged to choose a conveyancer simply because they have been recommended to you.
What If You Need a Mortgage?
Your mortgage arrangements and conveyancing will usually progress alongside one another.
Arranging your mortgage is the responsibility of you, your mortgage broker and your lender – not your solicitor.
Your solicitor deals with the legal aspects of the mortgage and, where applicable, the lender’s legal requirements.
If you require a mortgage, begin dealing with your lender or broker promptly and provide any documents they request. Keeping both the mortgage and legal processes moving can help prevent unnecessary delays.
What About Leasehold, New-Build or Unusual Properties?
Some transactions require more legal work or have tighter deadlines than a straightforward freehold purchase.
Leasehold properties commonly involve additional documentation concerning the lease, service charges, ground rent and management arrangements.
New-build properties may be subject to relatively short exchange deadlines imposed by the developer, making it particularly useful to have a solicitor ready when you reserve.
Auction purchases require special care because a successful bid can result in an immediate legal commitment. Legal advice should generally be obtained and the legal pack reviewed before bidding. It is always advisable to have your solicitor review the title deeds before placing a bid. Many solicitors will review the title before proceeding; this can be very beneficial.
Shared ownership, unregistered land and properties with unusual title arrangements can also require additional work.
When requesting a quotation, tell your prospective solicitor about any unusual features of the property so they can confirm they can handle the transaction. These might include access arrangements, listed status, or previous renovations. This list is not exhaustive, so mention anything else that may be relevant to give your solicitor the full picture.
Frequently Asked Questions
When should I instruct a conveyancing solicitor when purchasing a house?
Ideally, choose your solicitor in advance and formally instruct them as soon as your offer is accepted. This allows the initial checks and conveyancing process to begin promptly.
Should I instruct a solicitor before my offer is accepted?
You can choose your solicitor and obtain a quotation before making an offer. Formal instruction commonly follows acceptance in a standard purchase, although earlier legal advice may be appropriate for auctions, unusual properties or transactions with tight deadlines.
When should I instruct a solicitor when selling my house?
Consider instructing your solicitor when you decide to market the property. This gives you time to complete initial checks, property forms and gather relevant documents before a purchaser is found.
Can I get a conveyancing quote before I find a property?
Yes. Obtaining a quotation early can help you understand the likely legal costs and choose a solicitor before you need them.
Is getting a quote the same as instructing a solicitor?
Not necessarily. A quotation sets out the anticipated cost of the service. Formal instruction normally requires you to accept the firm’s terms and complete its onboarding requirements.
Can instructing a solicitor early make conveyancing quicker?
It can help avoid unnecessary delays at the beginning of the transaction, although it cannot guarantee a particular completion date. Searches, mortgage arrangements, property chains and legal enquiries can all affect the overall timescale.
Should I instruct a solicitor before applying for a mortgage?
You can choose your solicitor while arranging your mortgage. The two processes commonly progress alongside each other. If you require a mortgage, check that your solicitor can act for your chosen lender.
Why does my solicitor need information about where my money came from?
Solicitors must comply with Anti-Money Laundering requirements. They may therefore need evidence showing how the money being used for your purchase was accumulated or obtained.
Should I instruct a solicitor early for a new-build property?
Yes, it is particularly sensible to have a solicitor ready for a new-build purchase because developers may require exchange within a relatively short period following reservation.
When should I instruct a solicitor for an auction property?
You should obtain legal advice before bidding. A successful auction bid can result in an immediate legal commitment, so the legal documentation should normally be reviewed before the auction.
Speak to a Conveyancer
Choosing your conveyancing solicitor early can help you prepare for the legal process and ensure that important initial steps are dealt with promptly once your transaction begins.
Whether you are preparing to put your property on the market, looking for a property to purchase or have already had an offer accepted, our conveyancing team can explain what information will be required and what happens next.
If you are purchasing or selling a property in England or Wales, please contact one of our offices or email quotes@ivesandco.com so that we can provide you with a quotation, or call us to discuss how we can assist.
Our conveyancing team will be happy to discuss your transaction and guide you through the next steps.
