top of page

Navigating the conveyancing process

Ross McKenzie

Navigating the conveyancing process - Key milestones every seller should know


The conveyancing process involves several critical legal and administrative steps to ensure a smooth property transfer. For sellers, understanding these milestones can help manage expectations, reduce delays, and prepare for each stage. This guide breaks down the key points in the conveyancing journey and offers advice on potential bottlenecks and solutions.


1. Instructing your conveyancer


The first step in the process is choosing and instructing a conveyancer within the Open Moove app to handle the sale’s legal aspects:


  • Providing necessary documentation: You’ll need to supply documents like proof of identity (use Open Moove's compliance solution if you'd like!), property deeds, and any warranties or guarantees. Being prompt with paperwork can prevent delays so we suggest sending these over upon instruction, rather than waiting for sale.

  • Agreeing on fees and terms: Your conveyancer will outline their fees, including disbursements (searches, Land Registry fees, etc.). Make sure you understand these costs and agree to the terms from the outset.

  • Drafting the contract of sale: Once instructed, your conveyancer will begin drafting the contract of sale, which includes key details of the transaction, such as price, fixtures, and fittings. Again, it's important to try and get 'sale ready' as early as possible.


2. Completing property information forms


Property information forms provide the buyer with essential details about the property’s condition, boundaries, and included items:


  • The Property Information Form (TA6): This form covers general property details, from building alterations to parking arrangements. Answering accurately is important to avoid future disputes.

  • The Fixtures and Fittings Form (TA10): In this form, you’ll confirm which items are included in the sale (e.g., kitchen appliances, curtains) and which you’ll take with you.

  • The Leasehold Information Form (TA7) (if applicable): For leasehold properties, this form provides details on lease terms, service charges, and ground rent, helping the buyer understand their future obligations.


3. Responding to enquiries raised by the buyer’s solicitor


Once the buyer’s solicitor reviews the contract and searches post sale agreed, they may raise specific questions or requests for clarification:


  • Understanding common enquiries: Common questions may relate to boundaries, building work, or access rights. Be prepared to provide additional information if needed.

  • Responding promptly to prevent delays: Timely, clear responses can keep the sale on track. Work closely with your conveyancer to answer questions accurately and resolve issues.

  • Negotiating any buyer requests: Occasionally, buyers may request repairs or adjustments based on enquiries. Your conveyancer can help you decide how to respond, weighing any impact on the sale.


4. Resolving property search results


While property searches are often associated with buyers, sellers may also need to address issues highlighted by these checks:


  • Addressing search issues proactively: Searches may reveal issues like planning restrictions, boundary discrepancies, or rights of way. Working with your conveyancer to resolve these can prevent complications later.

  • Providing documentation for past works: If you’ve made modifications to the property (e.g., extensions), having planning permissions and building regulation certificates on hand can help address buyer concerns.

  • Preparing for indemnity insurance if needed: Sometimes, unresolved issues like missing documents can be covered by indemnity insurance. This protects the buyer and keeps the sale moving without additional legal work.


5. Reviewing and finalising the contract


Once all enquiries are satisfied, and the buyer is ready to proceed, it’s time to finalise the sale contract:


  • Confirming the completion date: The completion date, when ownership officially transfers, is agreed upon at this stage. Choose a date that works for all parties and allows time for moving arrangements.

  • Signing the contract: Both parties will sign the contract, but it won’t yet be legally binding. Your conveyancer will hold the signed contract until the exchange of contracts.

  • Preparing for the exchange: Ensure all remaining documents and financial arrangements are in place. Confirm with your conveyancer that you’re fully prepared for the exchange.


6. Exchanging contracts and setting up for completion


Exchange of contracts is the legally binding step in the sale:


  • Exchanging contracts: Once both parties are ready, the contracts are exchanged, making the sale legally binding. At this point, the buyer’s deposit is also transferred to secure the purchase.

  • Finalising preparations for completion: With the completion date set, your conveyancer will prepare the final documents needed to transfer ownership, including statements and outstanding mortgage payments.

  • Arranging to vacate the property: Ensure that moving arrangements are in place to vacate the property by the agreed completion date.


What Open Moove suggests next


At Open Moove, we recommend these steps to help you navigate conveyancing smoothly:


  1. Stay organised with paperwork: Complete all forms and provide documents promptly to prevent delays. Using a checklist can help keep track of requirements. Upload and store your documents securely to the Open Moove platform to keep everything in one safe place.

  2. Communicate closely with your conveyancer: Regular updates and clarifications help you stay informed and prevent misunderstandings. Our chat function will ensure that your conveyancer is prompted at the right times.

  3. Use Open Moove’s conveyancing resources: Our platform connects you with experienced conveyancers and offers resources on managing each step of the process - use them!


By understanding each conveyancing milestone and preparing for potential issues, you’ll be well-equipped to move through the sale smoothly and confidently.



9 views0 comments

Recent Posts

See All

Comments


bottom of page