Why Use A Conveyancing Lawyer?

When you buy or sell a property, you'll need to appoint a conveyancing lawyer. But why? And what do they do?

What Is Conveyancing?

A property buyer must ensure that he or she has a good 'title' to the land: that the seller is the owner, has the right to sell the property, and that there is no factor that would prevent a mortgage or re-sale.

Conveyancing is the transfer of the legal title of property from one person to another or the granting of a mortgage. Conveyancing usually involves two major landmarks: the exchange of contracts, where equitable title passes, and completion where legal title passes.

Your conveyancer (either a licensed conveyancer or a solicitor) will ensure that you have good title and will arrange the contracts on your behalf.

How Do I Choose A Conveyancer? Can I Find One Online?

Moving house can be stressful enough without wondering if you have chosen the right legal team to represent you. You need to be considerate when choosing a conveyancing solicitor or licensed conveyancer to act on your behalf, whether that be online or not. A company with many clients may be able to offer lower prices, but they might not be able to offer the personal service you require and in the time you require it.

That is not to say that you cannot get a fantastic deal and great service by organising conveyancing online. You just need to be careful.

Questions To Ask When Choosing Your Conveyancer

Consider what could happen in a worst-case scenario if you discover major legal defects after completion. You need to ensure that you are able to claim from an effective insurance policy or have recourse of action to a regulatory body.

Ensure that the conveyancing solicitor or licensed conveyancer you choose is regulated and insured. You should never instruct a com. Your mortgage lender will not allow you to instruct them for this reason.

Do They Have The Experience To Undertake My Transaction?

Many solicitors are not conveyancing specialists and may carry out other work. This means that they could often be away from the office (for example when in court) and will not be available to take your call should you need to discuss anything with them.

Is It Important Where They Are Based?

Are you happy to communicate with your solicitor by telephone, email or letter or would you prefer to meet them face-to-face? It is important to consider this, especially when choosing online.

You should always keep in mind that there are some conveyancing companies that won’t be able to provide you with the service you want at the price you expect. You may be better off having a good look around to find solicitors that will provide the service that you need and deserve. Remember, if you want a quick and personal service then you may need to do plenty of research before committing.

Are You Getting The Most Effective Conveyancing In The Marketplace?

Many online conveyancers promise much, including:

Lowest price guaranteed
No move, no fee
Online case tracking 24/7
Free sellers' packs
Competitive legal fees with no hidden charges
No need to visit their offices
Telephone support seven days per week
A specialist, friendly and efficient service

There are no set rules to choosing the right service online, but what you can do is make sure you ask the right questions (such as those above) and that you’re confident you will receive the service required for the cost quoted.

Most importantly make sure that you feel comfortable and read the small print. You can change or 'disinstruct' your conveyancer early in the transaction at little cost if you are not entirely happy.

The Solicitors Regulatory Authority (SRA) regulates solicitors, while the Council for Licensed Conveyancers (CLC) regulates licensed conveyancers. Both the SRA and the CLC insist that their members carry effective indemnity insurance.