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Instructing a Conveyance Solicitor
Minimise stress and red tape and make property selling a smooth process.

If you are thinking about selling property, get a head start by finding a conveyancing solicitor you have complete confidence in as soon as you decide to sell.

Remember your sole focus should not be monetary; you should prioritise control and safety. If you instruct a solicitor halfway through a transaction, you leave yourself open to a series of potential pitfalls: the entire legal process will be on the back foot, while the rush to prepare the ever-increasing amount of paperwork could leave certain issues overlooked.

Michael Blowers, head of the Residential Property Team at Mogers Solicitors in Bath, highlights the overwhelming benefits of engaging legal assistance at the outset: “There are a large number of forms to complete and documents to prepare”, he says. “Instructing a solicitor in the early stages will ensure that when a sale is agreed a complete and professional pack of sale documents can be issued very quickly. It will also allow time to check for any defects with the legal title or missing documents which can be sorted whilst the marketing is proceeding.”

There is also a great deal to be said for the element of pressure. Having a solicitor at the ready means your conveyancing team will be able to act as soon as you need them. This is particularly beneficial for a vendor, as the faster the transaction is, the better. By speeding up the contractual time frame, you will not give the other party time to hesitate and subsequently withdraw.

Michael Blowers explains: “if your solicitor is able to issue the contract papers as soon as a sale is agreed, you will create a forward momentum which can then be utilised to push for an early exchange of contracts. This will ensure a quick sale and reduce the possibility of an abortive transaction.”

Alongside the need for preparation and pressure, you must also consider the fact that conveyancing is a complex process full of red tape and legal minutiae. In particular, there are far more searches than ever before. If you haven’t sold a property for some time, you will be surprised by just how dramatically the law has changed.

“20 years ago there was only a Local Search”, says Michael Blowers. “Now it is usual to undertake Local, Environmental, Water and Drainage and Chancel Repair searches. In addition quite often a Plansearch, Coal Mining Search and Flood Report are obtained. Practitioners are also much stricter in checking full compliance with regulations – for example, that correct planning and building regulation consents exist and that restrictive covenants have been complied with. The procedure is therefore far more complicated.”

So sellers beware: if you want a swift, smooth transaction that promotes your best interests, you must instruct a quality solicitor as early as possible. With current trends promoting a buyer’s market, the need to do so has never been greater.