What Is Residential Conveyancing?
Residential conveyancing is the legal process of transferring a property from one person to another and is a crucial part in the process of buying and selling of property.
The residential conveyancing process is made up of various stages including obtaining conveyancing searches, property title investigations, the completion of paperwork and transferring of funds.
To avoid any legal difficulties, it is important to make sure all the steps are completed correctly and your conveyancing solicitor or property lawyer will work to make sure everything goes smoothly during this part of the selling or buying process.
Gaining a better understanding of what residential conveyancing entails can help the process be smoother and more efficient.
What is a residential conveyancer?
A residential conveyancer specialises in the legal transfer of residential property from one individual to another. They play an important role in making sure property transactions are completed smoothy, legally and in a timely manner.
One conveyancer will act for the buyer of a property and another will act for the seller. The conveyancers then liaise with each other and with other conveyancing solicitors in the chain ensuring that documentation is provided, contracts are completed and relevant searches and enquiries are raised. This guide provides an overview of residential conveyancing in England & Wales, including what it involves, how long it takes, and tips for choosing the right conveyancer.
Key Steps in the Residential Conveyancing Process
- Choosing your residential conveyancer: Whether you decide to use a more traditional local conveyancing solicitor or licensed conveyancer – or opt to use an online conveyancer, make sure you understand what services they are offering, how they work and how their fees are structured. Many conveyancers offer fixed fees which means you won’t have any surprise costs further down the line.
- Instruction: Once an offer on a property is accepted, both the buyer and seller instruct their conveyancers. The buyer’s conveyancer will conduct various checks and searches, while the seller’s conveyancer prepares the contract and relevant documents.
- Draft Contract: The seller’s conveyancer drafts the contract and sends it to the buyer’s conveyancer. They will then review the contract and raise any necessary enquiries.
- Property Searches: The buyer’s conveyancer conducts searches with local authorities to check for potential issues, such as planning restrictions or environmental concerns.
- Mortgage Offer: If the buyer is taking out a mortgage, they will need to secure their mortgage offer.
- Survey and Valuation: The mortgage lender will have the property valued to make sure it is in line with the mortgage being offered to the buyer. It is also a good idea at this stage to have a structural survey done to make sure the property is in a good condition without any hidden issues.
- Exchange of Contracts: Once all checks are complete, both parties sign and contracts are exchanged. At this point, the sale becomes legally binding, and in most cases, this is when the buyer pays a deposit. At this point a completion date will also be agreed upon by all parties.
- Completion: On the agreed completion date, the remaining balance of the property price is transferred to the seller’s solicitor, and the buyer receives the keys to their new home.
- Post-Completion: The conveyancer registers the new ownership with the Land Registry and pays any other applicable fees such as Stamp Duty Land Tax on behalf of the buyer.
How Long Does Residential Conveyancing Take?
The residential conveyancing process typically takes between 16 to 20 weeks from the point of instruction to completion. However, this can vary depending on factors such as property type, how complex the sale is, whether you are in a chain and the speed at which third parties complete relevant actions.
Why use Enact for your residential conveyancing?
We put our customers and their needs at the heart of everything we do
Meet the team
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Sarah Senior Associate ConveyancerI graduated from Derby University with a 2:1 in Law in 2007 and started working at Enact later that same year. I am very passionate about my job and take pride in being able to provide a stress-free and efficient conveyancing process.
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Jerry Team Leader
I have worked for enact for 20 years, starting on Customer Service and then progressing to various Team Leader roles within the business. My experience has taught me that the customer is the focus of everything we do.
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Tracey Senior Associate Conveyancer
I have worked at Enact for 15 years, and during this time I completed a part time Law degree, graduating from Leeds Metropolitan University with a 2:1 in Law. I initially started my career as a Remortgage Legal Assistant and progressed to the Residential Conveyancing department in 2012. I gained a number of years’ experience as a conveyancer, before successfully progressing into a Team Manager role. I now oversee a small team of conveyancers and assistants ensuring that we maintain a professional service at all times.
Not sure what to do next?
We can be contacted 8:30am – 8pm Monday to Friday and 9am – 5pm Saturday to discuss any queries you may have about moving home.
Read more about residential conveyancing
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