Buying your first home is an exciting step, but the legal process can feel confusing if you have never been through it before. Conveyancing, is often one of the least understood parts of buying a property, yet it plays a vital role in making sure your purchase is legally sound and free from unexpected issues.
In this article, we will explain what conveyancing involves, what happens at each stage, and how Straw & Pearce can support you throughout the process as a first-time buyer.
What Is Conveyancing?
Conveyancing is the legal work required to transfer ownership of a property from the seller to the buyer. It starts once your offer has been accepted and continues through to completion and registration at HM Land Registry.
Your conveyancing solicitor and their team are there to ensure that the seller has the legal right to sell the property, that there are no legal problems affecting it, and that you are fully informed before committing to the purchase. If you are buying with a mortgage, your solicitor will usually also act for your lender.
Getting Started
Once your offer is accepted, you should instruct a conveyancing solicitor as soon as possible. Early instruction helps avoid delays later on.
At the outset, your solicitor and their team will confirm their instructions, provide details of costs, and carry out identity and anti-money laundering checks. At Straw & Pearce we offer a streamlined process to online onboarding to make this process as efficient as possible. Your Solicitor will then contact the seller’s solicitor to request the contract papers and formally begin the transaction.
Reviewing the Legal Title
The seller’s solicitor prepares a contract pack which includes the draft contract, title documents, and standard property forms (which are completed by the sellers). These documents set out important information about the property, such as boundaries, services, and any restrictions that may affect it.
Your solicitor will carefully review these papers to ensure everything is in order and to identify any potential issues that need to be addressed before you proceed. This stage can often take time.
Searches
Searches are an essential part of the conveyancing process and are designed to reveal matters that would not be obvious from simply viewing the property.
Typical searches include checks with the local authority, environmental searches, and water and drainage searches. These can reveal issues such as planning applications, flood risk, or whether the property is properly connected to mains water and or sewage services. This is based on the area of the property.
If anything unusual or concerning arises, your solicitor will explain what it means and advise on the next steps.
Please note your legal searches are not the same as a survey and we would always recommend that you have an independent survey on the property by a professional, such as a homebuyers survey before proceeding.
Raising Enquiries
Once the contract pack and searches have been reviewed, your solicitor may raise enquiries with the seller’s solicitor. These are follow-up questions aimed at clarifying points or resolving any issues that have come to light.
This might include questions about alterations to the property, guarantees, rights of way, or boundaries. Although this stage can take time, it is an important part of protecting you before you are legally committed.
Mortgage Offer and Reporting to You
If you are buying with a mortgage, your lender will issue a formal mortgage offer to you and also to us. Your solicitor will check the terms of the offer and ensure that all lender requirements are satisfied.
You will then receive a report from your solicitor explaining the legal position in plain English. This will cover the title, the results of the searches, and any issues you should be aware of before proceeding. You will also be asked to sign the contract, Transfer and mortgage deed at this stage.
Straw & Pearce are on the lender panels for all major high street banks and mainstream mortgage lenders. This means we are able to act for both you and your lender during the conveyancing process, avoiding the need for separate representation and helping to keep the costs and delays to a minimum.
Exchange of Contracts
Exchange of contracts is the point at which the transaction becomes legally binding. Before exchange takes place, a completion date will be agreed, and you will usually be required to pay a deposit which is usually at least 10% of the purchase price
Once contracts are exchanged, both parties are legally committed to the transaction and cannot withdraw without financial consequences which can including loosing your deposit.
On the day of exchange we will call you for your authority to proceed.
You should also ensure you insure the property from this date.
Completion
Completion is the day you officially become the owner of the property. On this day, your solicitor transfers the purchase funds to the seller’s solicitor, which includes your mortgage funds if you are having a mortgage and confirms that completion has taken place. The estate agent will then release the keys and you can move into your new home.
After Completion
Following completion, your solicitor will deal with the final formalities. This includes paying any Stamp Duty Land Tax due and registering you as the new owner at HM Land Registry. Although registration can take several weeks, and receipt from HM Land Registry can take up to 3 years (due to the backlog from Covid), you are the legal owner from the date of completion.
How Long Does Conveyancing Take?
Conveyancing usually takes between 8 and 16 weeks, although this can vary depending on the property, the length of the chain, and how quickly information is provided by all parties. Your solicitor will keep you informed throughout the process.
How We Can Help
At Straw & Pearce, we understand that buying your first home is a significant milestone, and our dedicated conveyancing team is here to support you at every stage of the process. The department is led by Emma Sharp, Partner and Head of Department, supported by Neema Somani, Consultant Solicitor, alongside Jaiker Chauhan and Katie Bowler, Trainee Solicitors, and Josh Grant, Paralegal. Together, the team provides clear and practical advice, regular updates, and a proactive approach to ensure your transaction progresses smoothly from instruction through to completion. If you are a first-time buyer or would like to discuss your conveyancing requirements, please contact the Residential Conveyancing Team on 01509 268931 or email
quotes@strawandpearce.co.uk.
By Jaiker Chauhan
