Conveyancing can often feel like a confusing and overwhelming process, especially with so many misconceptions. In this blog, Marie Pym, addresses some of the most common misunderstandings about conveyancing.
1. Conveyancers are all the same
Conveyancers are not all the same. Look for an experienced conveyancer who delivers high-quality service, handles your transaction efficiently, and protects you from legal issues that could cause future problems.
While price is often a consideration, it shouldn’t be the only factor when choosing a conveyancer. What matters most is experience, transparency, and the quality of service you receive. At Clarke & Son, we pride ourselves on clear communication, no hidden fees, and a proven track record of satisfied clients. You can read our reviews on ReviewSolicitors.
If you contact a solicitor and they’re vague about the fees, or you read reviews that mention hidden costs on the final bill, avoid those options. Consider that there are advantages from choosing a local solicitor that far outweigh the benefits of an online-only service.
There’s no excuse for a solicitor to add any hidden charges to your final bill. It’s vital that you choose a solicitor with transparent fees and that you have a good idea in advance of what to expect from those fees.
One thing worth mentioning is that there has been a considerable rise in the number of online conveyancing services. Although online conveyancing services often cost less than local solicitors, they are frequently slower, less personal, and more likely to include hidden fees.
2. You can plan for an exchange date
Whilst everyone in the chain might wish to aim for a particular exchange date, the reality is there is never an “exchange date’’ until it has happened! Exchange of contracts can take place once all parties have resolved all issues and the buyer and seller have signed the Contract and agreed a completion date.
3. Exchange and completion can take place simultaneously and it will speed up the process.
Although you can exchange and complete on the same day, doing so often delays the process. The parties involved must complete all tasks that typically happen between exchange and completion in advance, which takes time. Mortgage lenders also require 5–7 clear working days’ notice to release funds, so unless everyone in the chain is a cash buyer, this delay needs to be factored in. In reality as simultaneous exchange and completion rarely speeds up the process and provides more risks for the chain since until an exchange of contracts has taken place, nothing is binding on any party in the chain and anyone can withdraw at any time even whilst you are in your removal van all packed and ready to go!
4. Once I sign the Contract it is legally binding
Solicitors typically have clients sign their contracts in advance and keep them on file until the chain is ready to move forward with the exchange of contracts and agree on a mutually convenient completion date. It is, however, only on exchange of contracts that everything becomes legally binding.
5. I don’t need a survey if the property is covered by NHBC or my lender’s valuation
Whilst a structural 10 year warranty such as NHBC is valuable it is not a substitute for having a survey. The property may have defects that the warranty doesn’t cover. Even if the warranty does cover them, you might face additional costs, not to mention the inconvenience and stress of dealing with a claim.
Many mortgage lenders conduct valuations online (without seeing the property) or as drive-by assessments, and these serve the lender’s interests rather than yours. A survey that you arrange is invaluable as the surveyor attends and inspects the property and the report they prepare can reveal issues that you might not be aware of.
6. You cannot instruct a solicitor until you have found a buyer
False. A prudent seller should contact their solicitor or conveyancer as soon as they place the property on the open market. This means that the legal title to your house can be investigated and the contract paperwork can be prepared without delay so that a complete contract pack is ready to be issued as soon as a suitable buyer is found for your property. Instructing a solicitor or Conveyancer when you place the property on the market can also provide you with the opportunity to complete the standard property forms and deal with verification of ID early too to save delay once a buyer has been found.
We advise starting as early as possible and this is particularly useful if you have a leasehold property or flat to sell. There are often delays, in some cases, several weeks, when your solicitor or conveyancer applies for information from the Landlord or their managing agents. Your solicitor can also make sure you have all the appropriate completed paperwork in place including such things as an up to date EPC, boiler service record, planning permissions and building regulations certificate (such as FENSA certificate for any replacement windows) to avoid delays caused by the buyers’ solicitors having to raise enquiries requesting such documentation. Although the law doesn’t require you to service the gas boiler, servicing it shows your buyer that the boiler works properly.
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