DIY Conveyancing vs Instructing a Solicitor

 

Now and then, individuals grapple with whether it is essential to instruct the services of a Conveyancing Solicitor.  This question typically emerges in the context of property transactions, where the legalities can often seem complex and overwhelming to those without a background in the field. However, they also worry about the cost if it is something they can do themselves.

This guide looks at challenges you may face when conveying your property yourself and the benefits of using a solicitor.

 

When deciding between hiring a Conveyancer or handling the transaction yourself, it’s crucial to consider the following:

Essential tasks and risks in the conveyancing process include:-

• • Drafting and reviewing the sales contract and legal title, which may include lease checks for leasehold properties;
  • Verifying the seller’s ownership of the property
  • Ensuring the accuracy of property details
  • Managing funds and preventing property fraud
  • Facilitating contract exchanges
  • Properly documenting the transaction with the HM Land Registry.
  • Settling any applicable taxes
  • Finalising the sale legally

 

The risk of DIY

The process of doing your own Conveyancing poses considerable risk. Before a transaction can proceed securely, various searches and formal enquiries must be conducted. If these aren’t performed correctly, or if the necessary enquiries aren’t made, serious issues can arise after the completion of a transaction. For instance, you might encounter difficulties registering the property with the HM Land Registry if matters weren’t handled properly. Also, depending on the nature of your transaction, numerous financial and legal aspects need to be addressed in the legal documents, which aren’t covered in the standard forms.

Conducting your own Conveyancing might be time-consuming because it will require self-learning throughout the process. Importantly, if you’re financing the property with a mortgage, you won’t be able to carry out the Conveyancing yourself. Most lenders insist on the appointment of a solicitor to protect their interests and yours. They usually perceive DIY conveyancing as high-risk and prefer solicitors from their approved panel. This stipulation applies when selling a property too, as buyer’s solicitors won’t transfer funds to an individual if a mortgage needs settling.

Most property-related legal transactions, such as securing a new mortgage, transferring or gifting property, and sales or purchases, require registration with the HM Land Registry. This also includes granting or releasing rights. The Land Registry requires identity verification of all transaction parties.

 

The benefit of using a Solicitor

Using a solicitor means all processes are handled and their fees cover these services. Attempting to do it yourself (DIY) involves submitting a special Land Registry form, certified by a solicitor, which could lead to extra expenses.

Moreover, DIY conveyancing carries a risk of errors that could be challenging and costly to rectify.

Errors made in DIY conveyancing could result in paying a lawyer significantly more than the initial conveyancing cost to fix the mistakes!

Therefore, opting out of a conveyancer’s services shouldn’t be viewed as a cost-saving measure, given the potential risks and alternative, safer options.

 

To speak to Jennifer or Ann about Conveyancing, call the Cleveleys office on 01253 824216 or complete our FREE INSTANT QUOTE for Conveyancing fees.