When it comes to buying and selling a property, there’s more to the process than simply exchanging keys and bank details. You can expect to face a variety of challenges along the way, not to mention legal processes to follow and regulations to abide by, no matter how simple the process may initially appear to be. Trying to complete the process without support from professional conveyancing solicitors is highly advised against, and could lead to a number of issues and delays with the purchase of your new residential or commercial property.
What is conveyancing?
The term “conveyancing” refers to the legal transfer of property ownership between the party selling a property and the party buying it. Put simply, it refers to the process whereby you officially become the owner of a house, and take away the responsibility of the building from its previous owners entirely. The building belongs to you, and the buying/selling process has been completed.
If you aren’t taking out a mortgage to pay for the property, it is in fact possible for you to complete the conveyancing process yourself. However, the general advice given by estate agents, property developers and solicitors alike - including us as Andrew Lee & Co - is to hire a conveyancer to do it for you, and to make sure everything has been ticked off to the highest standard.
Reasons to hire a conveyancing solicitor
They understand the legalities involved with property conveyancing
Unless you’re trained in property law or have gone through the conveyancing process multiple times, you’re unlikely to understand the ins and outs of buying and selling a property. Fortunately for you, conveyancing solicitors will be highly qualified in the process and will know exactly what needs to be done and when. Hiring a conveyancing lawyer will mean you have a professional second opinion on the property you’re thinking of buying, and will help you avoid placing an offer on a house that won’t make financial sense for you.
It can be difficult to know where to start without the support of a qualified conveyancing solicitor. One of the first things your conveyancer will do is read through the sales contract and the relevant documents to make sure the seller is abiding to the rules and regulations set out by property law. They will also be able to advise you on which aspects to query further or negotiate, and will act as your point of contact with the seller’s own solicitor.
Without a conveyancer, you will be expected to undertake these responsibilities yourself - with no room for error. If you don’t know what you’re looking for, you’re likely to make mistakes and could even be vulnerable to being misled by the seller’s solicitor. You may move into your new home and realise that the shed in your new garden wasn’t listed as an included fitting, or that the homeowner has taken their central-heating boiler because you didn’t agree upon it being a set fixture.
With this in mind, the consequences of tackling the conveyancing process improperly could be huge; signing a dodgy contract or failing to query a legality you don’t understand could be damaging to your case, and could see you spending more time and money than necessary or being penalised for your mistakes.
They’re experts in commercial and house conveyancing
Conveyancers will also have a huge amount of experience in the field of property law, and will be able to help you get the most from your deal and avoid problems later on down the line. One of the most important steps in the conveyancing process is the undertaking of legal property searches, including water authority, environmental and local authority searches, which should give the buyer all the information they need to know before completing the property sale.
When you entrust your solicitor with this task, they’ll be able to ask questions that you may not have thought of, yet not knowing the answers could mean you’re left with a tricky situation in years to come. For example, you’ll need to know whether the property has a flood risk, or if future building works will be compromised by anything on your land or in the surrounding area. Getting these questions answered could prevent a series of problems from occurring when you take ownership of the property, or may change your mind about purchasing it altogether.
Conveyancing solicitors are also experts in understanding legal jargon, and will be able to decode tricky documents and explain them to you in simpler terms. Not understanding legal jargon can really slow up the conveyancing process, and may mean that you sign a contract you’re not completely happy with. If you’re not sure what an “abstract title” is, or what “capital gains taxes” are, it may be a sign that you need to hire a conveyancing lawyer.
They can help with specialist conveyance cases
Even if you have tackled your own conveyancing beforehand, you will need a great deal of experience and specialist knowledge to transfer your skills from project to project. It may be that you hired a conveyancing solicitor when you bought your family home in the past and developed a thorough understanding of the process. However, if your current project involves buying a commercial property, you’re likely to discover that the two processes simply aren’t the same.
Many commercial properties aren’t bought and sold in the same way as residential buildings, and therefore your focus is likely to centre around the lease between landlord and tenant. It’s also important to note that the lease you require will differ depending on the type of commercial property you’re interested in, whether it’s an office, shop or factory. The conveyancing process may also vary depending on the future of the property; if the buyer is going to continue running the business after purchasing the property (in the case of a shop or restaurant, for example), the contract will need to consider the future of the employees and stock .
This is just one example of a case that requires specialist expertise and should be handled by a professionally trained conveyancing solicitor. Property law is complex, but an expert will be able to advise you on how to tackle specific cases by guiding you through the legalities you need to navigate and the questions you should ask.
They can save you time and money
Buying and selling a property is, unavoidably, an expensive and time-consuming task. It can seem tempting to search for shortcuts and try to find a cheaper way of doing things, but this is likely to cause you more issues in the long run. A half completed job will only achieve half the result, so make sure you don’t cut corners and opt for what you initially believe to be the cheapest and easiest option.
Hiring a conveyancing solicitor is perhaps the most effective way of saving time - and money - during the buying and selling process, despite the cost of hiring them in the first place. Experienced conveyancers will be experts in streamlining the process, and will be able to identify, prevent and provide solutions for problems that may occur with documentation or communication with the seller’s solicitor. Trying to handle each step by yourself is likely to take a lot of time, and if anything goes wrong you’ll also have to tackle the corrective measures yourself.
The fees you pay to your chosen conveyancing solicitor will cover a range of services, from the time it takes them to check the contract to the charges paid for legal property searches. Although you may be tempted to cut conveyancing costs by doing it yourself, it’s important to remember that failing to complete each step properly the first time may mean you need to spend extra to correct them. Specialist conveyancing solicitors will also help you avoid fraudsters, which is essential when you’re dealing with the huge amounts of money exchanged during property purchases.
They can save you stress
Preparing to move house or relocate your business can be a stressful process, and trying to navigate the conveyancing process without professional support will only contribute to your workload. Hiring a trusted conveyancing lawyer will reduce the amount of work you need to do dramatically, and will therefore save you time and stress throughout the process.
Property law can seem like a maze, but relying on the experts to simplify each step, explain specialist jargon and communicate with third parties on your behalf will make everything much more manageable. At Andrew Lee & Co Property Lawyers, we understand the importance of receiving honest and straightforward legal advice, and know what it takes to guide our valued clients through successful property transactions.
Andrew Lee & Co Property Lawyers: Specialist conveyancing solicitors based in Maidstone, Kent
For qualified conveyancing solicitors you can trust, look no further than Andrew Lee & Co Property Lawyers. We offer a range of services, including transfers of equity , lease extensions and property investment advice , and are committed to supporting our clients through even the most complicated of property transactions.
Whether you’re buying or selling a property, we have the expertise and the dedication to guide you from start to finish, and will go above and beyond to make the entire process as hassle-free as possible. Please don’t hesitate to get in touch with our team of experts for more information and practical legal advice today.
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