Selling a House in England and Wales: Legal Considerations and the Role of a Solicitor or Conveyancer

Selling a house in England and Wales can be an overwhelming experience, with many legal requirements to navigate. To make the process smoother, it's always advisable to work with a qualified solicitor or conveyancer who can handle the legal aspects of the sale.

One of the key aspects of selling a home is the conveyancing process, which involves transferring legal ownership of the property from the seller to the buyer. A solicitor or conveyancer will handle the drafting and reviewing of contracts, the transfer of funds, and the registration of ownership with the Land Registry.

 

In addition to the conveyancing process, there are many legalities that your solicitor will be able to take care of as part of their standard procedures. For instance, when selling a home in England or Wales, you must provide an Energy Performance Certificate (EPC) to the buyer. This certificate grades the property's energy efficiency on a scale ranging from A to G and must be provided to the buyer before finalizing the sale.

 

Selling a residential property also requires completing a Property Information Form and a Fittings and Contents Form. The Property Information Form provides an overview of the property to the purchaser, including any renovations or construction work, and any warranties still in effect. The Fittings and Contents Form provides a comprehensive list of all the items included in the sale, such as appliances or light fixtures.

 

It's vital to ensure that the property boundaries are clearly defined, and any disputes with neighbours over the boundaries are resolved before completing the sale. This can be done by checking the title deeds, commissioning a survey, or consulting with your solicitor.

Another important factor to consider is Capital Gains Tax. While there are situations where you may be exempt from paying this tax, it's essential to consult with an expert in taxation to determine your obligations.

 

If you are using an estate agent to sell your property, you will need to pay their fees, which are typically a percentage of the sale price. It’s worth shopping around and comparing fees from different agents to ensure you are getting a fair price.

 

Before putting your property on the market, it’s important to think about any repairs or renovations that may be required. Addressing these issues pre-sale can help increase the property's value and make it more appealing to potential buyers.

 

Finally, it's essential to consider timing when selling your property. Factors like the time of year, market conditions, and the state of the economy can impact the sale price. It’s crucial to be prepared for the possibility that the sale may take longer than expected.

 

At MJP Conveyancing, our team of expert conveyancers can assist with all aspects of the sale process, from drafting contracts to dealing with disputes over property boundaries. We also provide a fixed-fee service, so you won't have to worry about any unexpected costs. Contact us today to find out how we can help you sell your home with peace of mind.