Selling a property is a significant life event that involves a complex legal process. At DTM Legal, we understand the importance of providing practical and straightforward advice to guide you through every step. In this article, we will outline the crucial role played by a conveyancing solicitor during the sale of a house, ensuring a smooth and legally compliant transaction.
Why You Need a Conveyancing Solicitor to Sell a House
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Legal requirements and buyer’s expectations: Buyers cannot complete the purchase without their own solicitor, and a seller’s solicitor is essential to provide legal fixes, title evidence, and respond to enquiries.
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Regulation & professionalism: Solicitors are regulated by the SRA and carry professional indemnity insurance. Licensed conveyancers offer a regulated alternative.
Key Responsibilities of the Seller’s Conveyancing Solicitor
Pre-Contract Preparation
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Collect Title Deeds and Ownership Evidence: Essential documents proving your right to sell (title deeds, DS1 mortgage discharge, energy-efficiency certificates, etc.)
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Complete Standard Forms: Provide TA6 (Property Information) and TA10 (Fixtures & Fittings) forms, or equivalents.
Drafting & Sending the Contract Pack
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Create and send the initial legal contract and all relevant documents to the buyer’s solicitor.
Responding to Enquiries
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Address buyer’s solicitor queries (also called “enquiries”), investigating and supplying missing or clarifying information, critical for timely progress.
Managing Exchange of Contracts
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Negotiate and coordinate contract exchange. Once exchanged, the sale is legally binding.
Completion Day Duties
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Handle financial aspects: receive funds, discharge existing mortgage, settle estate agent fees, release net proceeds.
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Send keys and confirm completion.
Post-Completion Responsibilities
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Process DS1 mortgage discharge documents.
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For leasehold properties: settle ground rent, service charges, notify freeholder, and register completion with Land Registry.
Conveyancing Searches: Vital Checks (Typically Buyer’s Role)
While these are usually conducted by the buyer’s solicitor, understanding them helps sellers prepare:
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Local Authority, Land Registry, Environmental, Flood Risk Searches, and others depending on location.
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Private searches: Used to speed up the process when local authorities are slow.
Timeline Expectations & Common Process Delays
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Typical timeframe: 10–12 weeks from offer acceptance to completion; but some transactions may complete faster or take longer.
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Delays often occur in: returning searches, responding to enquiries, and coordinating with chains. Clear communication and proactive document gathering can help.
Benefits of Professional Conveyancing Support
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Legal protection: Safeguard against hidden liabilities, defective title, or fraudulent claims.
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Smooth completion: Professional handling minimises delays, disputes, and misunderstandings.
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Expertise matters: Choosing a specialist in residential conveyancing, especially for leasehold or shared ownership, lessens complexity.
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Avoiding issues like gazumping: Quick exchange and clear expectations can reduce the risk of the property being sold to another buyer midway.
Tips for Sellers to Streamline the Process
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Prepare documents early: Title deeds, TA forms, EPCs, planning approvals, warranties, available from the outset.
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Use experienced professionals: Look for Law Society’s Conveyancing Quality Scheme accreditation.
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Set realistic timelines: Agree on a realistic completion date and stick to it.
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Choose communication-friendly agents and solicitors: Efficient information flow avoids delays.
Working Smarter in the Current Conveyancing Landscape
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Digitisation & modern tools: Adopting reservation agreements, blockchain platforms, or digital documentation can reduce delays and counter outdated paper-based processes.
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Budget for disbursements: Conveyancing isn’t just a flat fee—include searches, Land Registry fees, SDLT, and other costs
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Selling a house involves intricate legal procedures, and having a knowledgeable conveyancing solicitor by your side is indispensable. At DTM Legal, our Residential Conveyancing team is ready to assist you with expert advice and a commitment to ensuring a seamless and compliant sale. Contact Sue Elias and the team at 01244 354800 or email residentialconveyancing@dtmlegal.com for trusted support in your property sale journey. Visit our Residential Sales page for more details on our services and fees.
