Do I need a solicitor to move home?

(Posted on 15/04/19)

The burning question that movers have when buying or selling their home currently is how they can proceed safely and quickly without incurring large fees in the process.

Can I do this myself?

Although it is possible to handle some minor aspects the conveyancing process yourself, it is sensible to have the transaction should be carried out by a legal professional. The price of not doing so is often greater and can pose risks and additional costs to you.

Instructing a solicitor will not only ensure smooth and stress-free process but will safeguard you from potential pitfalls in the conveyancing process.

If you are obtaining mortgage funds, you must instruct a Solicitor.

Pitfalls and Problems

Some of the processes that can be troublesome are:-

• Liaising with Parties
• Checking the Title Deeds
• Raising enquiries and advising on answers received
• Negative Search Results
• Preparation and distribution of contracts and documentation
• Lender Requirements and redeeming Mortgage payments
• Negotiating a moving date 
• Issues relating to freeholders

Therefore, it is important to have all bases covered to protect you from extra cost, extended delays and bouts of stress.

Without instructing a solicitor there is no legal protection for you if issues arise. A solicitor will ensure that your interests are fully protected throughout the conveyancing process.

What a Solicitor Can Do for You?

They will able to guide you through your property transaction with ease and ensure at each stage, due diligence has been carried out carefully.

1. Guiding you through the process

• Solicitors will be able to explain the process, either a sale or purchase, clearly to you so you know what the next step is.

2. Investigating the Title and carrying out Searches

• They will ensure thorough and diligent review of the title deeds to establish what restrictions or encumbrances you may be taking on or disengaging with.

• They will also investigate any warnings in the search results and finding practical solutions before you exchange to reduce the risk of problems occurring after completion.

3. Drafting documents for signing

• A solicitor will resolve all issues before signing of contracts and exchange. As you will be legally bound by the contract you sign.

4. Organising completion

• The solicitor will be able to propose a completion date on your behalf and deal with agents in the chain, which can be troublesome.

• Often, they will also need to act for your lender, either guaranteeing they are correctly registered on the title deeds or that any monies due to them have been redeemed on completion.

• Money Laundering is extremely offence and by having a solicitor they can guarantee that purchase monies are transferred correctly by carrying out a Lawyer Checker so that funds are not deposited into fraudulent accounts on completion.

Choosing the correct solicitors

Buying or Selling a house can be a minefield of problems. Therefore, it is essential that you have the support of experienced property solicitors. Using sites such as solicitor.info or Trust Pilot to find a solicitor to suit you.