Advice on the legal process of buying or selling property

Buying a house is probably the most expensive transaction that you as an individual will make in your lifetime. Just as well then that this is supported by a robust legal process to ensure that both the buyer and seller can have peace of mind, this is known as conveyancing and it refers to the legal transfer of ownership of land and property.

It is widely recognised that buying and selling a property is one of the most stressful things that you can get involved with so having good, reliable help can be a godsend. A conveyancer works on your behalf to ensure that you are protected and identify any issues that might change your opinion about the property.

Do it yourself?

There is actually no requirement that you instruct a professional conveyancer on your behalf to deal with this legal transfer and a small percentage of buyers and sellers undertake this process themselves. However, if a mortgage lender is providing the funds for the purchase or re-mortgage of the property then it is virtually certain that they will want this overseen by a licenced conveyancer.

So what are your choices?

The vast majority of conveyancing is undertaken by solicitors, either operating from high street premises or from centralised offices where they benefit from economies of scale (and therefore may offer better prices) and aim to provide more customer focused services.

The high street

There is no real need for you to meet your conveyancer personally although it is understandable that some people would want to do this and if this is the case then finding a good local solicitor is the way forward. The following hints may help:

• Ask your family, work colleagues and friends if they have used a solicitor and ask your mortgage broker or estate agent to recommend one or more.
• Always obtain a quotation from at least two firms as prices do vary widely across the market.
• Check how the firm will keep in touch with you - one of the commonest complaints is that buyers and sellers receive little useful feedback.
• Check what their fees will be if the sale does not proceed - some of the bigger firms will offer a 'no sale, no fee' option, useful for unforeseen circumstances.

Advice at a distance

On the other hand, if you are happy to use a nationally based conveyancer you can access these firms again by referral from your mortgage broker or estate agent or from a search of the internet. Generally these firms will provide longer opening hours for contact by phone or email and the more advanced will have a full internet case tracking facility.

What can you do to help the conveyancing along?

In a purchase, when you consider that the average housing 'chain' relies upon a whole series of buyers and sellers, you can see the potential for delays as progress depends upon so many things. You can do your part in this chain by ensuring the following:

• Always respond to requests for information from your estate agent, mortgage broker and conveyancer promptly.
• Raise any queries that you have as soon as you can.
• Keep in touch at all stages throughout the process.
• Ensure that you have the finance (your mortgage offer) agreed and in place as soon as possible.
• Try to be flexible with the proposed exchange and completion dates.

Lastly, don't put up with any mediocre service that you receive. If you are confused, worried or feel that you are not receiving what was promised then say so!

For more information on conveyancing visit the Society of Licenced Conveyancers , The Law Society or the Council for Licenced Conveyancers