When you decide to sell your home, arranging valuations, choosing an estate agent and preparing for viewings often come first. The legal work can feel like something to think about once you have found a buyer.
However, you do not need to wait until you accept an offer to instruct a conveyancer. Getting started shortly before your property goes on the market, or soon afterwards, gives you an opportunity to prepare the paperwork and identify potential issues early.
Government guidance recommends choosing your legal representative around this stage to help reduce delays.
What does instructing a conveyancer mean?
Instructing a conveyancer means formally appointing them to handle the legal work involved in your sale.
Requesting a fee estimate is the first step, but it does not necessarily mean the firm has started acting for you. You will usually need to accept their terms, complete the initial paperwork and satisfy their identity-check requirements before substantive work can begin.
Ask your conveyancer to confirm when your instruction has been accepted and what they need from you to get started.
What can be done before you find a buyer?
Some parts of the sale depend on having an agreed buyer and price. However, there is useful preparation you can complete beforehand.
Complete the initial paperwork
Opening your file, completing identity checks and providing information about the owners and property all take time.
Starting early gives you space to deal with questions or document requests without the additional pressure of an agreed sale waiting to progress.
Gather the property documents
Your conveyancer can explain which documents are relevant to your property. Depending on its history, these may include:
Planning permissions and building regulation approvals.
Certificates for replacement windows and doors.
Guarantees and warranties for work carried out.
Documents relating to extensions or alterations.
Party wall agreements.
Leasehold and management information, where applicable.
You will not necessarily need every document on this list. The aim is to establish what applies to your property and locate the paperwork you already hold.
Start the property information forms
Your conveyancer will usually ask you to complete forms about the property and the items included in the sale.
These commonly include the Property Information Form and Fittings and Contents Form, with additional information required for leasehold properties.
They can take longer to complete than expected, particularly if you need to check dates, find supporting paperwork or discuss answers with another owner.
Answer carefully and accurately. If you are unsure about a question, ask your conveyancer rather than guessing. You should also tell them if relevant information changes during the sale.
Why is early preparation particularly useful for leasehold sales?
If you are selling a leasehold flat or house, your conveyancer will usually need information from the landlord, managing agent or management company.
This is often supplied in a management pack, which typically includes information about service charges, insurance, planned works and arrears.
The time and cost involved in obtaining this information vary between providers. Your conveyancer can establish who needs to be contacted, what is required and when it makes sense to order the pack.
Discuss the timing before paying for it. Ordering early may help preparation, but if the sale takes time, updated information or further charges may be necessary.
Some freehold properties also have estate-management arrangements, so let your conveyancer know if you pay charges towards shared areas or facilities.
What if you wait until an offer is accepted?
You can still instruct a conveyancer after accepting an offer. However, the initial checks and preparation will need to take place before the legal work can progress fully.
If you have not yet completed your forms, gathered documents or provided the information needed to open your file, those tasks will become part of the time between accepting the offer and issuing the contract papers.
Early instruction can help you work through that preparation while your property is being marketed.
Will instructing early guarantee a faster sale?
No conveyancer can guarantee a completion date simply because you instruct early.
The overall timescale will also depend on matters such as the buyer’s mortgage, searches, survey findings, enquiries, third-party responses and any wider chain.
The benefit of early instruction is that it gives you an opportunity to complete work within your control and identify matters that need attention.
For example, locating a certificate while viewings are taking place may be easier than trying to find it when everyone is discussing a proposed completion date.
Will you have to pay before you have a buyer?
This depends on your conveyancer’s terms and the work you authorise.
Before instructing, ask:
Is any payment required upfront?
What work will be carried out before a buyer is found?
Which third-party costs might be incurred?
What would I owe if I decide not to sell?
What happens if a buyer withdraws?
If “no sale, no fee” terms are offered, check exactly what they cover. Do not assume that third-party costs or every type of work will be included.
Understanding the payment terms allows you to decide how much preparation to authorise before agreeing a sale.
Do you have to use your estate agent’s conveyancer?
You can choose your own conveyancer.
An estate agent’s recommendation may be useful, but you should feel comfortable comparing the costs and service with other options before deciding.
Consider who will handle your file, how you will contact them, their experience with your type of property and how their workload is managed.
The cheapest quote will not always offer the best overall value. Equally, a higher price does not guarantee a better service. Look for a clear fee breakdown and an approach that suits you.
What should you tell your conveyancer at the outset?
Providing relevant information early helps your conveyancer understand the proposed sale. Let them know:
The property address and anticipated sale price.
Whether it is freehold or leasehold, if known.
Who owns the property and whether there is a mortgage.
Whether it is already on the market or an offer has been accepted.
Whether you are also buying another property.
Any particular circumstances, such as selling an inherited property, a tenant in occupation or missing paperwork.
You do not need to have every answer before making an enquiry. The initial discussion can help establish what information is needed.
Preparing to sell? Start with a conversation
If you are thinking about selling, speaking to a conveyancer early can help you understand the process, the likely costs and what you can prepare before finding a buyer.
At Dawson & Co Conveyancing, our approach centres on personal service, direct communication and clear guidance throughout your transaction.
We support clients across England and Wales, with all legal services provided through Taylor Rose.
Whether your property is about to go on the market or you have already accepted an offer, request your personalised conveyancing quote to discuss the next steps.