When to Instruct a Solicitor When Buying a House: A Guide

Buying a house is a big financial commitment and can be one of the biggest purchases you make in your lifetime. For this reason, it is important to ensure that the process goes smoothly and successfully. One way to do this is by instructing a solicitor when you decide to buy a house. But when exactly should you instruct one?Ideally, you should instruct a solicitor when you put your house up for sale or when your offer on a house you want to buy has been accepted. Although it is possible to undertake conveyancing without a solicitor, all mortgage lenders insist on a solicitor being instructed to protect their interests. Appointing an experienced solicitor can provide you with the knowledge, support, and guidance you need to ensure the transaction goes as smoothly and successfully as possible.

During the conveyancing process, several components are crucial to consider. One of the most important conveyancing documents is the land title. This document demonstrates the seller's ability to sell the property. Sometimes, titles to property are not registered. In such cases, the solicitor acting for a seller whose land is not registered provides what is called an Epitome of title. This document attaches the documentation showing that the seller is able to sell the property. If the owner has sadly passed away, grants of probate and death certificates will also have to be produced. A property seller should always provide proof of title to the buyer, and reviewing this title is just one way of safeguarding the buyer's best interests.

The buyer's conveyancer will also check the mortgage offer and ensure that all of the lender's requirements to release funds are satisfied. If the buyer is not obtaining a mortgage, the conveyancer will check the origin of the funds being used to purchase the property to satisfy money laundering requirements.

The pre-exchange period is the longest part of a house sale or purchase. This period relies on third parties, including search providers, delivering information to create the contracts. Your conveyancer has no control over this, and some local searches can take up to two months to be received. It is essential to bear this in mind at the start of a transaction.

In the final stage of the conveyancing process, your solicitor will arrange for any Stamp Duty (if applicable) to be paid to Revenue and Customs. They will also register you as the new owner of the property with the HM Land Registry.

In conclusion, instructing a solicitor when buying a house is important to ensure that the process goes as smoothly and successfully as possible. Reviewing the land title and checking the mortgage offer are some of the essential steps taken by a solicitor during conveyancing. It is important to bear in mind the pre-exchange period, which may take up to two months to complete. Ascertaining these steps can save you a lot of time, money, and stress in the end.

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