Why do I need a solicitor when buying my first home?

Buying your first home can be a costly process, during your first mortgage appointment your broker should explain the costs you are likely to foot during the process and one of those costs is ‘legal fees’. ‘But do I really need a solicitor?’ You may ask, and the answer is irrevocably ‘yes’. Although you can choose to represent yourself when buying a property in the UK, if you don’t know what you are doing this can leave you in a huge legal mess with potentially huge cost implications, therefore it is typical that most purchasers will use a solicitor.

A solicitor (or conveyancer, as we typically refer to them in the home-buying industry) is a key person when buying a property in the UK. Here I explain a little about how important they are and the role they play in helping you to safely purchase your new property.

In the UK, a conveyancer is a legal professional who plays a vital role in the process of buying or selling a property. Their main responsibility is to ensure that the transfer of ownership of the property is legally binding and that all the necessary documentation is completed correctly.

Here I list some of the key tasks that a conveyancer typically undertakes during the house buying process in the UK:

1.     Conducting property searches: A conveyancer will carry out various searches to investigate the property and its surrounding area. This can include searches for planning permissions, environmental issues, and any legal restrictions or disputes that may affect the property.

2.     Checking contracts and legal documents: your conveyancer will review the sale contract and other legal documents to ensure that they are accurate and that the terms of the sale are fair.

3.     Liaising with the seller's conveyancer: Your conveyancer will communicate with the seller's conveyancer to negotiate any changes to the contract and to ensure that both parties are on the same page. If they have questions they will raise these as ‘enquiries’ on your behalf and report the responses back to you with their advice on the matters if needed.

4.     Preparing the transfer deed: The conveyancer will prepare the transfer deed, which is the legal document that transfers ownership of the property from the seller to you as the buyer.

5.     Arranging for the payment of fees and taxes: The conveyancer will arrange for the payment of various fees and taxes, including stamp duty land tax if applicable, land registry fees, and their own fees. They will take the monies raised on the mortgage and transfer them to the seller’s solicitor in order to ‘complete’ the transaction on your behalf.

6.     Registering the property: Once the sale is complete, the conveyancer will register the property with the Land Registry to ensure that the new owner's details are recorded.

Overall, the conveyancer's role in the house buying process in the UK is to ensure that the transaction runs smoothly and that both parties are protected by law. Their work is essential in ensuring that the buyer acquires a property that is free of legal issues, and that the seller receives the correct payment for their property. It may seem obvious but it is important to use a reputable conveyancer as so much of the process relies on their diligent and timely work and attention to detail, ask friends and family if they have someone they recommend, or see if your broker uses a solicitor whom they trust and recommend.