What Does a Conveyancer Do?

When buying or selling property, understanding the role of a conveyancer is crucial. This article demystifies the conveyancing process, highlighting the distinctions between a conveyancer and a solicitor, the benefits they bring, and offering guidance on choosing the right professional for your needs.

What is Conveyancing?

Conveyancing is the legal process of transferring property ownership from one person to another. It involves managing the legal and administrative aspects associated with property transactions. The process begins once an offer on a property is accepted and concludes with the transfer of funds and legal titles.

The Role of a Conveyancer

A conveyancer, who may be a solicitor or a licensed conveyancer, specialises in property law. Their responsibilities include:

1. Conducting Thorough Property Searches: A conveyancer performs various searches to uncover any issues that might affect the property’s value or use. These include local authority searches (revealing planning, highway information and more), environmental searches (assessing flood risk, land contamination), water authority searches (checking water and sewage services), and location-specific searches (like mining in certain areas). These searches are vital for uncovering potential problems that could impact the buyer’s decision or future property value.
2. Drafting and Reviewing Contracts: The conveyancer is responsible for preparing the draft contract, which outlines the terms of the property sale, including the sale price, property boundaries, and any fixtures and fittings included. They also handle negotiations over the contract terms and ensure that all legal requirements are met.
3. Liaising with Stakeholders: Throughout the conveyancing process, the conveyancer communicates with various parties: the buyer’s and seller’s conveyancers, estate agents, mortgage lenders, and local authorities. This communication is key to coordinating the different aspects of the transaction and ensuring everything progresses smoothly.
4. Managing Funds and Payments: They are responsible for managing the financial aspects of the transaction. This includes handling deposits, calculating the final balance to be paid, and arranging the transfer of funds. They also ensure that stamp duty land tax (if applicable) is correctly calculated and paid to HM Revenue and Customs.
5. Handling Legal Documentation: The conveyancer prepares and reviews all legal documents involved in the property transaction. This includes the title deeds, transfer documents, and mortgage documents. They ensure that these documents accurately reflect the terms of the transaction and are legally binding.
6. Advising Clients: Providing legal advice and guidance to clients is a crucial part of a conveyancer’s role. They help clients understand complex legal terms and implications, advise on property rights and restrictions, and answer any queries related to the transaction.
7. Finalising the Transaction: The conveyancer plays a critical role in the exchange of contracts, where the buyer and seller commit to the sale, and the completion, where the property ownership is officially transferred. They ensure that all legal and financial conditions are met before these key milestones.
8. Post-Completion Tasks: After completion, the conveyancer handles post-completion tasks like paying any remaining stamp duty and registering the new owner’s details with the Land Registry. They ensure that all the legal formalities are completed, and the client is now the registered owner of the property.

Conveyancer vs Solicitor: Understanding the Difference

While both solicitors and licensed conveyancers can handle conveyancing, there are key differences:

1. Expertise: Solicitors are qualified lawyers with broad legal knowledge, while conveyancers specialise exclusively in property law.
2. Services Offered: Solicitors can provide a wider range of legal services beyond property law.
3. Regulation: Solicitors are regulated by the Solicitors Regulation Authority (SRA), whereas conveyancers are regulated by the Council for Licensed Conveyancers (CLC).

Benefits of Hiring a Conveyancer

Whether utilising the services of a solicitor or a conveyancer the benefits are very persuasive:

1. Expert Guidance: Conveyancers offer specialised knowledge in property law.
2. Efficiency: Their focus on property transactions can often lead to a more streamlined process.
3. Risk Mitigation: They identify legal risks and address potential issues early in the process.
4. Stress Reduction: Handling complex legal procedures relieves stress for buyers and sellers.

How to Choose the Right Conveyancer

Selecting the right conveyancer is essential for a smooth property transaction. Consider the following:

1. Accreditations: Look for conveyancers with professional accreditations like the Law Society’s Conveyancing Quality Scheme (CQS).
2. Experience: Choose someone with experience in handling similar property transactions.
3. Recommendations: Personal recommendations or online reviews can provide insights into their service quality.
4. Communication: A conveyancer who communicates clearly and promptly is invaluable.
5. Fees: Compare fees, but don’t base your decision solely on cost. Quality and reliability are equally important.

A conveyancer plays a pivotal role in ensuring that property transactions are legally sound and efficiently handled. Whether you opt for a solicitor or a licensed conveyancer, choosing a qualified and experienced professional is key to a successful property transaction.