What is a conveyancing solicitor and why do you need one?

A conveyancing solicitor is a solicitor who specialises in the process of conveyancing. This is the legal process for transferring the ownership of property. There is no legal requirement to use a conveyancing solicitor to manage the transfer of property. There are, however, many significant benefits to doing so.

Here, Lovedays Solicitors, share their insights in this straightforward guide on what a conveyancing solicitor is.

Understanding the process of conveyancing

The process of conveyancing consists of four main steps, each of which must be completed according to the proper legal process. Here is a brief overview of them.

Pre-contract stage: Before any contracts are exchanged, the conveyancer will carry out checks and searches to ensure that the property has no legal issues or potential problems that could affect the purchase. This includes a thorough examination of the title deeds and other relevant documents.

Exchange of contracts: After completing all the necessary checks and searches, the conveyancer will proceed to draft the contracts for the sale and purchase of the property. Upon mutual agreement and satisfaction of both parties, the contracts will be exchanged, which is the point where the terms of the sale become legally binding.

Completion: On the agreed completion date, the buyer will transfer the funds to the seller (usually via the seller's solicitor) and the property will be transferred into the buyer's name. At this point, the buyer can take possession of the property.

Post-completion: The conveyancer will then take care of post-completion tasks, such as registering the property with the Land Registry and paying any outstanding fees or taxes.

Understanding the different types of property law professionals

Property law may be handled by regular solicitors, licenced conveyancers, or conveyancing solicitors. Regular solicitors need to undergo rigorous academic and hands-on training before becoming licensed to practice. They will have a broad knowledge of property law as a whole but are unlikely to know the conveyancing process in-depth.

Licenced conveyancers, by contrast, undergo academic and hands-on training but have a much narrower focus. This means that they are likely to know more about the specificities of conveyancing than a regular solicitor. A conveyancing solicitor has the legal training of a solicitor but specialises in conveyancing.

Role of conveyancing solicitor

The role of the conveyancing solicitor is to guide the client through the legal process of transferring property ownership. Their foremost consideration is to protect their client’s interests. There are three key ways in which they do this.

Ensuring the client understands what they are doing: Property purchases often have huge financial, practical, and legal significance. It is therefore essential that potential buyers are 100% clear on what they are taking on before they commit to a purchase. Conveyancing solicitors will explain complex law in a way that their clients can understand. This enables the client to make an informed decision on whether or not to proceed.

Managing paperwork and contracts: The conveyancing solicitor is responsible for managing all the paperwork and contracts involved in the transaction. They will prepare and review the contracts, making sure they are accurate and reflect the agreed terms of the sale. They will also deal with any legal queries raised by the buyer or seller.

Liaising with other parties: The conveyancing solicitor will communicate with other parties involved in the transaction, such as estate agents, mortgage lenders and the other party's solicitor. They will manage the flow of information between the parties, ensuring that everyone is informed of any developments.

Why using a solicitor for conveyancing is safer than doing it yourself

Using a solicitor for conveyancing is safer than doing it yourself because they have the knowledge, experience, and expertise to manage all the legal aspects of the transaction.

Firstly, they can identify any potential legal issues and provide guidance on how to overcome them. A solicitor has a deep understanding of legal situations, which means they can advise on the terms of the contract and ensure that their client's interests are protected.

They can also handle all the paperwork and contracts involved in the transaction, ensuring that they are accurate and reflect the agreed terms of the sale. Furthermore, they can negotiate on their client's behalf, dealing with any legal queries raised by the other party's solicitor.

By using a solicitor for conveyancing, the client can have peace of mind knowing that they have an expert handling the legal aspects of the transaction, making it a safer and smoother process.