When to instruct a conveyancing solicitor

To initiate the conveyancing process as a seller, it is essential to instruct a conveyancing solicitor. Once an offer has been accepted, it is necessary to formally engage the services of a solicitor or conveyancer in order to commence the conveyancing process and ensure a smooth progression of the sale.

For a more efficient conveyancing process and to minimise delays, it is advisable to select a solicitor or conveyancer before receiving an offer, ideally around the same time you engage the services of your estate agent.

Conveyancing process questionnaires for sellers

Before the exchange of contracts, sellers are required to take the next step in the conveyancing process, which entails filling out comprehensive questionnaires regarding the property and the items you plan to sell along with it. These questionnaires will be supplied to you by your solicitor or conveyancer. To prepare for completing the questionnaires, it is advisable to gather the necessary documents for selling your house.

You may be asked to complete:

The TA 6 form is a comprehensive questionnaire covering various aspects such as property boundaries, disputes, complaints (such as noisy neighbour complaints or boundary disputes), proposed developments (such as motorways or railways), building works, council tax, utilities, sewerage, and contact details.

If you are selling a leasehold property (where you do not own the freehold), you should provide additional information on either the leasehold (TA 7) or the commonhold (TA9).

The TA 10 form outlines the fittings and fixtures you wish to include with the property. The TA 13 form is more technical and includes finalisation details like key handover arrangements, completion procedures, and ensuring the property is free from mortgages and liability claims.

It is essential for the seller to complete these forms accurately and to the best of their knowledge. Failure to do so could result in legal action for compensation if discrepancies are revealed later on or could potentially cause buyers to withdraw if they suspect misinformation.

Draft contract and negotiations

Your solicitor or conveyancer will utilise the questionnaire responses to create a preliminary contract, which will then be submitted to the buyer for approval. The conveyancing solicitor will take the lead in negotiating the terms of the preliminary contract. Negotiations typically cover the following points: -

• The completion date (usually set between 7 to 28 days following the contract exchange). Inclusion of fixtures and fittings in the sale price.
• Agreement on pricing for any additional fixtures and fittings.
• Responsibility for addressing issues highlighted in the buyer's survey, or adjusting the sale price accordingly based on the survey results.
• Settling the outstanding mortgage balance Prior to exchanging contracts, it is necessary to settle your mortgage by obtaining a redemption figure from your mortgage provider.
• This amount will be due upon the completion of the sale.

Exchanging contracts

You and the buyer will have agreed upon a specific date and time to exchange contracts. During the conveyancing process, your solicitor or conveyancer will handle the exchange of contracts on your behalf.

Typically, this involves both legal representatives ensuring that the contracts match and promptly sending them to each other via mail. In the case of a chain, the solicitors or conveyancers will follow the same procedure, but they will only finalise it if all parties in the chain are ready to proceed.

Any delays or withdrawals from one party will affect everyone else in the chain.

Upon exchanging contracts, you will be entering into a legally binding agreement to sell the property. This implies that if the buyer fails to complete the purchase, you may retain their deposit and have the option to take legal action against them. Conversely, if you withdraw from the sale, the buyer can take legal action against you.

Exchanging contracts also signifies that you cannot accept any other offers on your property.

Between exchange and completion

Right after the exchange, you should expect to receive the buyer's deposit, typically about 10% of the property price. Legally, you remain the owner of the property until the completion, so there is no necessity to vacate before then. However, it is advisable to plan your move in advance to minimise stress.

Consider moving out a few days earlier rather than waiting until the last minute. This is an opportune moment to arrange your relocation, obtain quotes from removal companies, and secure their services if needed.

Before finalising the sale, conduct a thorough check of the property to ensure that all items listed in the fixtures and fittings inventory are still present.