Appointing a solicitor

It is possible to sell a house without a solicitor, but most people prefer the reassurance of using a legally trained solicitor or a licensed conveyancer (England and Wales) to take care of all the details. After all, this is probably the biggest financial transaction you will ever have to make; paying money to make sure you are buying what you thought you were buying and making sure that you legally own it at the end does make sense when you think about it.

Appointing a solicitor

Most towns offer a wide choice of solicitors. What you need is a solicitor with experience in conveyancing – the legal process of moving house. Visit or ring a few possible firms and ask for a quote. Perhaps ask friends too for recommendations.

What does the solicitor do for you as a seller?

Your solicitor will take care of all the legal paperwork and will liaise with your buyer to ensure that they have everything in place. Once you have accepted an offer, your solicitor will make contact with the buyers’ solicitor who will have various queries. They will want you to prove you are the legal owner of your home by viewing the deeds of the property and they will have various specific questions about the property and things like neighbours. They will also ask you to confirm everything that is included in the sale.

Are you leaving certain fixtures and fittings, garden sheds, etc? It is important that you are honest in your answers – any discrepancies might result in legal action after your sale. Meanwhile, your solicitor will ensure that your buyer has got a mortgage offer or other access to sufficient funds to buy your home. Once both solicitors are satisfied that they have the information they need, they will set a date to exchange contracts.

Solicitors both ends are invariably busy, dealing with lots of sales and purchases. It can be quite common for you to think your buyer is holding things up and for them to think you are stalling, when in fact things are slipping because letters have not been followed up between solicitors. This is where your natural tact and organisation skills can really come to the fore. If you can keep your conveyancing job in the front of your solicitor's mind with occasional phone calls or emails – without becoming a menace – you will have a much better idea of what is going on.

INTERESTING FACT: The Law Society can help you to find a qualified solicitor.

Exchange of contracts

This is the point that legally binds you to the sale with your buyer. After this, you cannot pull out without having to pay compensation. The contract usually lists a Completion date, which is when money changes hands and the official ownership of the property transfers from one party to the other.

Completion

On completion, your solicitor will handle the transfer of funds, making sure all the money has been paid before releasing keys to your buyer. Congratulations – you’ve done it – time to move in!