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During the legal process of buying and selling a home, the seller will be asked various questions about the state of their property, which they must answer honestly. If they don’t they could subsequently be sued for compensation. However, caveat emptor! Buyer beware! It is the buyer who is investing their money into the property, and the onus remains on the buyer to fully investigate the background, integrity and soundness of the property that they intend to buy. 

Why do I need to use a solicitor to buy a house?

The main reason a solicitor is needed when you are purchasing a property is to ensure that all the legal requirements are met and there is a main person dedicated to ensuring your legal position as the Buyer is always protected.

At the same time, if you are purchasing with the aid of a mortgage, you will be required to have a solicitor acting for you and your lender to ensure their specific requirements are also met, such as requesting searches. It is often the case that only solicitors can perform certain tasks without which you cannot proceed.

Even if you are buying wholly with cash, saving a few hundred pounds by not purchasing the recommended searches may result in problems which could cost you thousands – if not tens of thousands – of pounds later. It is simply not worth the risk.

What will the solicitor do?

Your solicitor, or licenced conveyancer, will conduct several searches that may reveal important information. These include, but are not limited to;

• Environmental searches;
• Land Registry searches;
• Local authority searches;
• Water authority searches;
• Chancel repair liability search.

Your solicitor will also ensure that all legal documentation is reviewed, and the necessary enquiries are made to protect you against potential future issues. The findings are then reported to you for your perusal.

So what information will I get from my solicitors?

For most people, buying their home is the most expensive asset that they will ever buy and therefore:

• It is important that people know as much as possible about the legal background of this investment;
• It is important that the people that you pay the money to own the property or have the right to sell the property to you;
• It is important that you are fully aware of any legal issue that might affect the resale value of this asset.

What final checks do solicitors do on completion day?

Prior to completion the buyer's conveyancing solicitor will check all mortgage conditions have been met and request the money from the lender. On completion day, your conveyancing solicitor confirms the transaction and deals with the registration of the new deeds, and (if you're the seller) redeems the existing charges on the property.

When should I instruct a solicitor?

You should instruct a solicitor to start the residential conveyancing process as soon as your offer has been accepted.

Curwens has a team of solicitors and licenced conveyancers, who are experienced and able to support you through this process. Whether buying, or selling. Re-financing or re-distributing equity, we can help you with all of your property needs. To find out more, contact Bradley Bernett on 020 8363 4444.