When should I instruct a conveyancing solicitor?

When should I instruct a conveyancing solicitor when selling a property?

For sellers, instructing a solicitor early on can significantly impact how quickly you can sell your home. At Juno, we recommend engaging a solicitor as soon as you list your property on the market, or ideally even before. This proactive approach allows you to start completing the necessary forms and ID checks, as well as allows your solicitor to get started with the preparatory work (eg preparing land registry documents).

If you do sign up early, then as soon as you receive and accept an offer, your solicitor can immediately send out the draft contract to the buyer’s solicitor. This often means the buyer’s solicitor will order searches sooner, enquiries can be raised sooner, and exchange will be brought forward. Our data shows that just completing one of the necessary forms (the TA6 - a form with information about your home for the buyer) by the time you have an offer accepted means that we will be able to send the contract pack (and ultimately exchange) 10 days earlier.

At Juno, you can sign up as a seller free of charge; you won’t pay anything unless and until you exchange. If you’re using another conveyancing solicitor, watch out for case opening fees and disbursements that will be charged at signup. We’ve also simplified the process of filling in all the necessary forms; these are broken down into simple questions on your client dashboard, which we then collate and merge into the official PDF forms.

When should I instruct a conveyancing solicitor when buying a property?

For buyers, it’s advisable to instruct a conveyancing solicitor even before you find your desired property. This allows for early completion of ID checks and other preliminary work, positioning you in a state of readiness. At Juno, we won’t charge you until your offer on a property is accepted and we need to order searches.

When you make an offer, having a solicitor already instructed not only speeds up the process but also demonstrates to sellers and their estate agents that you are a serious and committed buyer. This can be particularly advantageous in a competitive property market, where showing preparedness can make a crucial difference. By instructing a solicitor early, you position yourself as a well-organised, decisive buyer, potentially making your offer more attractive than others.

If you’re buying and selling as part of a chain, it’s even more important to instruct your solicitor as soon as possible; the other transactions in the chain may be more advanced in their process and instructing early can help you to ensure you don’t fall behind the rest of the chain.

What are the risks of instructing a solicitor later, after an offer is accepted?

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  Transaction Delays: Delaying the instruction of a conveyancing solicitor will lead to significant delays in the transaction process. This is because solicitors require time to prepare necessary documents, conduct searches, and address issues that might arise.

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  Additional stress: Instructing a solicitor early on means you can front-load some of the administrative work required as a buyer or seller. If you leave this work for later on in the transaction, it may coincide with the larger administrative tasks involved with moving home (eg arranging removals or cleaning) which can add stress to your move.

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  Increased Gazumping and Gazundering Risks: Late instruction can prolong the transaction, raising the risks of gazumping (seller accepting a higher offer after agreeing to an initial one) and gazundering (buyer lowering their offer just before contracts are exchanged).

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  Losing the Property or Buyer: Excessive delays caused by late instruction might lead to buyers losing out on their desired property or sellers losing interested buyers. Buyers that don’t instruct solicitors early on can also be viewed as non-serious by sellers and estate agents, meaning you may have to offer more for the same property.

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  Coordination Challenges: Early instruction ensures efficient coordination with estate agents, mortgage brokers, and surveyors. Late instruction can disrupt this, leading to communication challenges and delays.

What should I look out for when choosing a solicitor?

Selecting the right conveyancing solicitor is crucial for a smooth property transaction. We recommend focusing on these key criteria:

1. Transparency in Fees: Your solicitor should offer a clear, upfront breakdown of their fees. Avoid any surprises by confirming what is included in their quote and inquiring about any potential additional charges. Transparency in pricing is a hallmark of reliable and trustworthy legal service. At Juno, you’ll receive a full, all-inclusive quote at the outset. If you’re using another solicitor, make sure to ask if all the disbursements, VAT and taxes are included in any quote they provide. (Very often they’re listed as “optional extras”, when they’re not actually optional at all.)

2. Client Reviews and Testimonials: Client testimonials are the best way to prove you’ll get a high quality service. Be sure to check your conveyancer’s Trustpilot page and compare them to Juno’s Trustpilot reviews, which average a score of 4.9/5, one of the highest in the UK.

3. Use of Digital Technology: If you’re used to using your mobile phone for emails and other tasks, you’ll want a solicitor that can also use technology to streamline the conveyancing process. Look for features like e-signatures, an online client dashboard and real-time updates that will make your move simpler, clearer and faster. Juno is proud to be an industry leader in this area - here’s more information about why online conveyancing is so effective, so you can decide whether it’s right for you.

4. Speed of Transaction: The time to exchange is a critical factor in conveyancing - most people don’t realise that conveyancing transactions take an average of 20 weeks in the UK. Therefore it’s wise to choose a solicitor that’s known for efficient processes. At Juno, we pride ourselves on our speed, completing transactions 50% faster than the average law firm, making us an ideal choice for those who want to move quickly.

What key information should I provide to my conveyancing solicitor?

When engaging with a conveyancing solicitor, whether you are buying or selling a property, providing key information promptly and accurately is vital. This not only aids in speeding up the conveyancing process but also ensures that all legal requirements are met efficiently.

When buying a property, your conveyancing solicitor needs specific documentation to verify your identity and the legitimacy of your funds. This will usually involve a valid photo ID, such as a passport, as part of the identity verification process. Additionally, to verify your funds, your solicitor will often require copies of your recent bank statements, which help in establishing the source and availability of your funds for the property purchase. Providing these documents promptly aids in streamlining the initial stages of the conveyancing process.

When selling a property, you will also need to pass ID checks, as well as detailed information about the property you are selling. This information is captured in specific forms: TA6, TA10, and, if applicable, TA7 for leasehold properties.

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  The Property Information form (TA6): Covers a wide range of details about your property, including boundaries, disputes, complaints, insurance, and guarantees.

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  The Fittings and Contents Form (TA10): Details what fixtures and fittings you intend to include in the sale of the property.

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  The Leasehold Information form (TA7): If you’re selling a leasehold property (usually a flat, as opposed to a house), you will also need to fill in a Leasehold Information Form. This provides specifics about the leasehold, including the maintenance arrangements, service charges, and other relevant leaseholder obligations.

Providing these forms accurately and in a timely manner is crucial. They give the buyer and their solicitor a comprehensive understanding of the property being purchased, ensuring all parties are well-informed and that the conveyancing process proceeds smoothly. Juno clients can fill in these forms online in phases, making it much more convenient. For example, you can easily answer some of the questions on your phone, save your progress and return to it later.

What else do sellers need to do once they’ve decided to sell their property?

Deciding to sell your property is a significant step, but it’s just the beginning of the journey. Beyond instructing a conveyancing solicitor early, there are several other important tasks that sellers need to undertake to ensure a smooth and successful sale.

1. Preparing the Property for Sale: This involves more than just a quick tidy-up. Consider decluttering, making minor repairs, and even professional staging to make your property as appealing as possible to potential buyers. First impressions count, so it’s worth investing time and effort into presenting your property in the best light.

2. Getting a Property Valuation: Before listing your property, you’ll need an accurate idea of its market value. You can start with online valuation tools, but for a more precise figure, it’s advisable to have a professional valuation done. This will help you set a realistic and competitive asking price. You should be able to ask any local estate agent to value your property for free.

3. Choosing an Estate Agent: Selecting the right estate agent is crucial. Look for agents with a strong track record in your area and those who have experience selling properties similar to yours. Discuss their marketing strategies, fees, and read reviews to ensure they align with your expectations.

4. Gathering Necessary Documents: In addition to the TA forms required for conveyancing, gather all relevant documents related to your property. This includes building certificates for any structural work done, warranties, planning permissions, and energy performance certificates (EPCs).

5. Planning for the Financials: Understand the financial implications of selling your property. This includes any outstanding mortgage, fees for estate agents and solicitors, and potential capital gains tax if applicable. Planning financially ensures no surprises down the line.

6. Preparing for Viewings: Once your property is listed, you need to be ready for viewings. Ensure your property is clean, well-lit, warm and welcoming. Be flexible with viewing times to accommodate potential buyers’ schedules.

7. Feedback and Negotiation: Be open to feedback from viewings (and your estate agent) and use it constructively. Also, prepare yourself for negotiations once offers start coming in. Having a clear bottom line and being open to negotiation can help in securing a sale that meets your expectations.