Conveyancing & Legal Advice

Conveyancing is the legal process of transferring ownership of real estate (property) from one person or entity to another. It involves a series of legal steps and procedures that ensure a smooth and legally valid transfer of property ownership. Conveyancing is typically carried out by a licensed conveyancer or a solicitor who specializes in real estate law. Here’s an overview of conveyancing and the importance of seeking legal advice during the process:

Key Steps in Conveyancing:

  1. Pre-Contract Stage:
    • Offer and Acceptance: The buyer makes an offer, and if the seller accepts, the legal side to the property purchase process begins
    • Title Search: A search is conducted by the solicitor to verify the property’s ownership and any potential encumbrances, such as mortgages or restrictions to title or lease.
    • Property Information: The seller provides details about the property, such as boundaries, fixtures, and planning permissions.
  2. Contract Stage:
    • Drafting the Contract: The contract of sale is prepared by the solicitor, outlining terms and conditions of the sale, including price, deposit, and settlement date.
    • Property Inspection: The buyer may conduct inspections, such as building and pest inspections, to identify any issues with the property – the mortgage lender will usually arrange this.
    • Due Diligence: The buyer’s solicitor reviews all relevant documents, searches, and information to ensure the property is suitable for purchase.
  3. Pre-Settlement Stage:
    • Exchange of Contracts: Once both buyers and sellers solicitors are satisfied with the terms, contracts are exchanged, and the buyer pays a deposit to the solicitor.
    • Transfer of Funds: The buyer’s solicitor obtains funds for the purchase and arranges for any necessary financial arrangements.
  4. Post-Contract Stage:
    • Adjustments: Property taxes and other costs are adjusted between the buyer and seller.
    • Settlement: On the settlement date, the balance of the purchase price is paid (including mortgage funds if applicable), and legal ownership is transferred to the buyer.
    • Registration: The buyer’s solicitor registers the property transfer with the relevant land registry or authority.

Importance of Legal Advice:

  1. Complexity: Conveyancing involves legal intricacies, and an experienced solicitor can navigate the process, ensuring all legal requirements are met.
  2. Title Investigation: A solicitor conducts thorough title searches to uncover any potential issues, such as easements, disputes, or restrictions.
  3. Contract Review: A solicitor reviews the contract to ensure it protects your interests and includes the necessary terms and conditions.
  4. Legal Protection: Legal advice provides protection against unexpected legal challenges or disputes that may arise during or after the transaction.
  5. Negotiations: If issues arise during due diligence or inspections, a solicitor can negotiate on your behalf to resolve them.
  6. Customization: Legal advice allows you to tailor the conveyancing process to your specific needs and circumstances.
  7. Compliance: A solicitor ensures compliance with local laws, regulations, and property-related requirements.
  8. Peace of Mind: Working with a solicitor provides peace of mind, knowing that a legal professional is overseeing the process to protect your interests.

Whether you’re buying or selling property, seeking legal advice and assistance from a qualified solicitor ensures a smoother and more secure conveyancing process. It’s important to engage a solicitor who specializes in property law and has a solid understanding of local regulations and procedures.

We will refer you to a solicitor that we regularly work with if you do not have your own in place already. Conveyancing and Solicitors are not regulated by the Financial Conduct Authority. The products and services shown here are not part of the Openwork offering and is offered in our own right. Openwork Limited accept no responsibility for this aspect of our business.