As soon as you accept an offer on your home, it’s time to get started with the legal side of the selling process.
The need for a good solicitor is obvious when you're buying a home, but their role is less clear when you're selling one.
You may even be wondering if you even need to pay for a solicitor at all, but solicitors are very much needed for the sales process.
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What does a solicitor do when selling your house?
Your solicitor will handle all of the legal side of the selling process on your behalf.
This includes:
preparing the legal contracts and sharing them with your buyer’s solicitor
requesting a mortgage settlement figure from your lender
obtaining the title deeds, which prove you own the property, and arranging for them to be transferred over to your buyer
supporting you in completing the necessary Property Information and Fittings and Contents legal forms
identifying any boiler, gas, electric and FENSA certificates you'll need for your buyer
liaising with your buyer’s solicitor to set moving dates
handling any issues that arise during the conveyancing process
liaising with other solicitors in the chain to set up the exchange and completion dates
handling the proceeds of the sale for you, including receiving the deposit from your buyer when you exchange contracts
But your solicitor’s role does not end there.
They'll also settle the mortgage and pay your estate agents' fees from the proceeds of the sale.
If there is money left over, they will transfer it to you.
What documents will they help with?
The key document your solicitor will help you with is the Property Information Form or TA6.
This provides comprehensive information about your property to potential buyers.
It includes details on the property’s boundaries, and any disputes relating to the property.
It also gives information on any building works that have been carried out, and which utilities are connected to the property.
In addition, it lists any guarantees or warranties on work that has been carried out. That includes damp proofing, timber treatment, electrical works, roofing, and underpinning.
Your solicitor will also help with the Fittings and Contents Form, known as the TA10 form.
This states what is and is not included in the sale of the property. It covers everything from the boiler and the radiators to the kitchen cupboards, carpets, and curtains.
They will also help you to make sure you have all of the certificates you need for the conveyancing process.
These include:
Boiler safety certificate
Electrical Installation Certificate
FENSA certificates for windows and doors to show they comply with Building Regs
Planning approval for any significant changes made to your property
In addition, your solicitor will handle the paperwork required if you are selling a leasehold property or a share of freehold one.
What documents do you need when selling a house?
What questions do solicitors ask when selling a house?
When you're buying a home, solicitors carry out searches and checks on the property.
But when you’re selling a home, the emphasis is on finding out information about you.
As a result, the first question they are likely to ask is to see your identity documents, such as a passport. They will also want to see proof of your address.
They will ask you questions that will enable them to complete the selling process.
These will include:
If you have a mortgage and who your lender is
If your home is leasehold or freehold
And if you've had any major improvements or repairs done on your property
All of this information helps them to ensure they can collect the necessary documentation for the sale.
How long does it take to sell a house through solicitors?
It typically takes around 12 to 16 weeks to complete the legal process to sell a property.
In some cases, it may be possible to complete it in around a month.
The process takes longer if it's a complex sale or you're part of a long chain.
Your solicitor will keep you up to date on progress and alert you to any hold ups.
Do you pay a solicitor when selling a house?
Yes. Fees typically range from £850 to £1,500, depending on how complex your sale is, according to the HomeOwners Alliance. For example, leasehold sales tend to be more complicated than freehold ones.
Some solicitors charge a fixed fee, while others base it on the sale price of your property.
As a result, it's worth shopping around to make sure you get a good deal. That said, you may not want to go for the cheapest price.
It's a good idea to get recommendations from friends and family, and to choose a professional who has experience in managing properties like yours.
If you own a leasehold or Shared Ownership property for example, it's prudent to choose a solicitor with experience in handling these types of sales.
You'll also want someone who's efficient and prompt at responding to any queries. You don’t want your move to be delayed because your solicitor is slow in getting the relevant paperwork to your buyer.
Can I contact my buyer’s solicitor?
No, you cannot contact your buyer’s solicitor directly. But your solicitor can contact them on your behalf.
There are often delays in the buying and selling process, particularly if you are part of a chain. So, having a solicitor who can chase the other parties is highly beneficial.
Can the buyer contact the seller’s solicitor?
No, not directly. But the buyer’s solicitor can contact your solicitor on their behalf.
This is important, as if the buyer’s survey throws up a problem with the property, they may want to negotiate a reduction in the price.
If this happens, it really pays to have a good solicitor handling the negotiations for you.