Buying or selling a home can feel overwhelming, especially if you’re unfamiliar with the legal steps involved. At Dudden Law, we aim to clarify the process so that you can proceed with confidence. Here’s a practical overview of what to expect. No jargon, just clear information.
1. Instructing a Solicitor or Licensed Conveyancer
Whether you’re buying or selling, you’ll need a solicitor or licensed conveyancer from the start. They guide you through every legal step, handling contracts, searches, funds and ensuring the transfer is smooth. It’s wise to appoint someone before making offers or listing your property.
2. Putting Your Home on the Market
As a seller, you’ll instruct an estate agent to market your property. They’ll advise on a suitable asking price and arrange viewings. Once you accept an offer, your solicitor will start drafting a contract and prepare the necessary legal documents (e.g., title deeds, fixtures and fittings list, and property information forms).
3. Agreeing on an Offer
Once an estate agent presents an offer, you accept or negotiate it. At this stage, a buyer will pay a reservation fee or simply confirm they’re proceeding. This often leads to the next step of instructing their solicitor.
4. Starting Conveyancing (Both Buyer and Seller)
Now both sides have solicitors working. The seller’s solicitor sends key documents to the buyer’s solicitor. The buyer’s solicitor undertakes property searches (e.g., local authority, drainage, environmental). They’ll also raise enquiries about the property, such as boundaries or disputes, which the seller must answer.
5. Mortgage Arrangements (Buyer)
If the buyer needs a mortgage, they’ll apply once they have the pack of documents. The lender will typically commission a valuation survey. When satisfied, the lender issues a formal mortgage offer, paving the way for a legal commitment to buy.
6. Reviewing Reports and Surveys
Buyers may ask a surveyor to carry out a homebuyer’s survey or full building survey to check for any structural issues. If problems are found, there may be a chance to renegotiate the price or request repairs before moving forward.
If you are the buyer, your solicitor will also provide you with a report on title, a report on searches, and, if applicable, a mortgage report. These documents explain the legal details of the property, highlight anything uncovered during searches, and outline the terms of your mortgage offer. Taking time to read and understand these reports is essential, as they form the basis of your decision to proceed.
7. Exchanging Contracts
This is a pivotal moment. Once all enquiries are answered, searches are satisfactory, and mortgage offer is in place, both sides set a completion date and exchange contracts. At this point, the sale becomes legally binding, and either side could be liable for breach if they pull out.
8. Preparing for Completion
Between exchange and completion (often two weeks but can vary), funds are prepared. Buyers arrange to transfer the purchase price through their solicitor, and sellers ensure their mortgage is redeemed. Meanwhile, practical tasks like final meter readings and arranging removal or delivery of keys are sorted.
9. Completion Day
On the chosen completion date, the funds are transferred, the keys handed over, and the buyer becomes the legal owner. The seller’s solicitor pays off any remaining mortgage, and the buyer’s solicitor registers the change of ownership with HM Land Registry.
10. Post-Completion Formalities
Once the Land Registry updates the register, the transaction concludes. If you’re the buyer, your solicitor will send you the Title Register. Sellers should keep records in case questions about the sale come up later.
Why These Steps Matter
Each stage in the buying and selling process is there for a reason. By understanding the order of events, you can approach your move with greater confidence, avoiding unnecessary surprises and delays. Conveyancing provides legal clarity, making sure the property is free from defects or disputes and that both sides understand their contractual obligations. Searches and surveys also play an important role, reducing the risk of hidden problems that could become costly later.
Tips for a Smoother Journey
A successful move often comes down to preparation and communication. Choosing your solicitor early means the legal work can begin promptly, which helps prevent delays further down the line. Staying in regular contact and responding quickly to requests will keep matters moving at a steady pace.
It’s also important to plan your finances in advance. Buyers should account not only for the purchase price but also for stamp duty, legal fees, survey costs, and Land Registry charges. Sellers, meanwhile, need to consider estate agent fees and any repairs that might be agreed during negotiations.
Flexibility is another valuable asset. Timelines can shift for many reasons, from mortgage approvals to delays in property searches, so being prepared to adapt will make the process far less stressful. Finally, think ahead, sellers benefit from providing complete and accurate property information from the outset, and buyers should aim to have their funds and mortgage agreement in principle ready as early as possible.
In Summary
Buying or selling a property in England and Wales involves a series of steps — instructing a solicitor, negotiating an offer, conducting searches and surveys, exchanging contracts, and completing the sale. While these steps may appear complex, each one is in place to protect you and ensure the legal transfer of property runs smoothly.
At Dudden Law, our specialists are here to support you through every stage, providing clear guidance and handling legal tasks so you can focus on your move. If you’re thinking of buying or selling, do get in touch, we’d be delighted to help.