Solicitor for Selling a House

There are many legal requirements to handle and decisions to make when selling a property. You have to make full and honest disclosures about the property, and address any problems that need to be resolved before the sale can be completed. Surveys can reveal issues that you didn’t know existed, and other parties may have their own requirements, especially if there is a freeholder in the picture or the sale is part of a long chain.

We understand that you want to sell your property quickly so you can move on to your new home. Our conveyancing solicitors are here to make the process less stressful by handling the legal aspects of selling your property, with all the costs laid out upfront so there are no surprises later on.

As one of the UK’s most trusted conveyancing teams, we’ve helped countless clients achieve hassle-free property sales. Our services don’t stop there—we’re a full-service firm with experts in all areas of property law. Whether you’re looking for help with remortgaging, transferring equity, or buying a house, we’re here to support you every step of the way.

What’s the role of a solicitor when selling a property?

Each sale will look a little different, depending on the type of property and any special conditions of the sale. Leasehold property sales have a few extra steps, for example. However, the process your solicitor will follow broadly looks like this:

1. Taking instructions

This is when you reach out to us to get started with selling your property. We’ll provide you with an initial quote and some forms to complete with all the necessary details about your property and your identity.

If you’re happy to work with us, we will ask you to fill out “protocol” paperwork. This is a standard set of questionnaires used to gather essential information during the selling of residential property, including boundaries, planning permissions, disputes, fixtures and fittings included in the sale, and other relevant information.

2. Issuing the sales pack

This part of the process begins with us sending a draft contract, the property’s title and the protocol documents to the buyer’s solicitor.

If you have a mortgage, we’ll request the redemption figure. If your property is leasehold, we’ll request a leasehold information pack from the freeholder or management company. We’ll review this thoroughly to make sure all service charges and ground rent are up to date and there are no outstanding issues before passing a copy to the buyer’s solicitor.

3. Responding to enquiries

Based on the information we send them, the buyer’s solicitors may raise enquiries. We’ll handle these by either answering them directly or forwarding them to you or a relevant third party, such as the freeholder, for clarification.

Some issues may need to be resolved before the sale can progress, such as neighbour disputes, boundary disputes or planning breaches. We’ll work with you and any other parties involved to resolve these as quickly as possible.

This process of handling enquiries continues until all questions are resolved. We then send you the contract and transfer form to sign in preparation for exchange.

4. Exchange of contracts

Once everyone has signed the documents, we will confirm the completion date with you and contact the buyer’s solicitor to exchange contracts. We notify you and the estate agent once exchange has taken place.

This is the stage when both parties become committed to the sale. The buyer cannot back out without losing their deposit and potentially facing legal action.

5. Post-exchange steps 

After contracts are exchanged, we will request a final redemption statement from your mortgage lender, showing the amount due on the day of completion. We provide the buyer’s solicitor with a completion statement detailing the amount required to complete, and we send you a completion statement showing the balance you’ll receive on completion, after payment of the mortgage, estate agent’s fees, our fees, and any other agreed deductions.

6. Completion / post completion

On completion day, we receive the funds from the buyer’s solicitor and use these to pay off your mortgage and any relevant fees. We will let you know once completion has happened and arrange for the estate agent to hand the keys over to the buyer. We then transfer the funds you’re owed, and send the property deeds to the buyer’s solicitor.

The buyer’s solicitor will arrange for the change of ownership to be registered, which removes your name from the Land Register.

What if the sale is part or a property chain?

Most property sales involve a chain of anywhere between three and eight properties. Because chains are so common in England and Wales, property lawyers have special legal mechanisms to manage them.

You shouldn’t worry if you’re in a chain, as our experienced solicitors will coordinate with other solicitors to ensure that everyone is ready to exchange contracts simultaneously, and complete on the same day.

What does selling a property cost?

The cost of selling a property can include:

• Solicitor’s fees
• Estate agent fees
• Disbursements such as Land Registry fees, ID checks and bank transfer charges
• Mortgage redemption fees (e.g. if you are leaving your mortgage early)
• Freeholder / managing agent fees

The exact fees you have to pay depend on the specifics of your transaction.

Our fees for selling a home start are competitive and clearly laid out for you at the beginning of the process. See our conveyancing fees page for the full breakdown.

Selling a property in specific situations

Selling a property can become more complex when dealing with specific personal or legal circumstances. We can help with the following special situations to ensure a smooth sale.

Selling a property during divorce & separation

You have many options when deciding how to divide the family home after a breakup. One solution is to sell the property as part of the broader financial settlement agreed with your ex-partner. While a divorce lawyer handles the divorce itself, a conveyancing solicitor is needed to manage the legal aspects of the property sale, including situations where one of you is buying the other out.

Probate sales

Selling a probate property includes extra steps, as it requires obtaining the legal authority to handle the estate from the probate court. There may also be an inheritance tax bill or other debts to settle from the sale proceeds. We support executors or administrators to sell the probate properties efficiently in line with their legal obligations.

Inherited properties 

Selling inherited property, or property held in a trust, could have capital gains tax implications or stricter requirements depending on its ownership structure. Working with an experienced solicitor can help you navigate these situations and ensure a successful sale.

Selling part of your house to a family member

This might involve the transfer of physical property like a separate “granny flat” but, more usually, it involves transferring a portion of your ownership to a child or other family member. Either way, the transaction requires careful structuring to ensure the transfer is valid and minimise the risk of disputes in the future.

Selling a property to pay for care home fees

Many families decide to sell property to fund care home fees for elderly relatives, either through an outright sale or equity release. This is a complex and sensitive process, and we can provide expert guidance to ensure the best outcome for you and your loved ones.

Selling a buy to let property

If the property is tenanted, you may need to serve a legal eviction notice before selling. Alternatively, you can sell with tenants in place, which may appeal to other landlords. Our specialist buy to let solicitors can help you with conveyancing as well as advising on tenancy and tax implications.

Selling a second home

Selling a second home may have capital gains tax implications, and there may also be restrictions on who can buy the property, for example, if it is located in a designated area. We can help you understand and navigate these considerations to ensure a smooth sale process.

Selling a property abroad

The process for selling property abroad may look very different from what you are used to, and it will need the support of local legal teams. We have a network of international law firms to provide specialist legal support in foreign property sales.

Selling commercial property

Commercial conveyancing is a different process from selling residential property and the stakes are often higher. Our specialist team takes care of financial, leasing and contract factors with precision and care.

What are the different ways to sell a property?

In England and Wales, there are two main ways to sell a property: private sales and auction sales.

Private sales are the most common method, where a property is advertised with an asking price. An estate agent can handle this for you, or you can choose to market the property yourself. In either case, you will need to work with an experienced conveyancing solicitor during the selling process to ensure all legal requirements are met.

Auction sales involve selling a property through a public bidding process. This method can be quicker and more cost-effective, as most of the legal work is done before the auction date. Your solicitor will prepare the legal pack for potential buyers to review before the auction, and transfer ownership after the hammer falls.

Types of legal ownership in property sales

You can own a property in several ways, and the type of ownership plays a big part in the way you sell a property and how long it will take. Below are some of the common ownership structures our conveyancing solicitors deal with:

Selling a Leasehold Property – Leasehold sales involve extra steps and potential costs due to the involvement of a landlord or managing agent. Lenders won’t usually mortgage a leasehold property with fewer than 70 years remaining on the lease; if you cannot find a cash buyer, extending the lease will usually help with that.

Selling a Shared Ownership Property – The housing association typically has first refusal rights to buy back your share or find another buyer, and the purchaser may have to meet specific eligibility criteria. We can handle the legal aspects of shared ownership sales and liaise with the housing association on your behalf.

Selling a Joint Tenancy Property – Selling a joint tenancy property is straightforward when the owners are in consensus. If one party does not consent to the sale, it cannot proceed without court intervention. We can help you find a resolution in these situations or advise on alternative options.

Selling a tenancy in common property – With a tenancy in common structure, one owner can sell their legal and beneficial interest without needing permission from the other co-owners. However, all must act together to sell the entire property. We can help navigate these complexities to ensure a smooth sale process.

How do you handle disputes with buyers in a property sale?

A home is usually the biggest investment a person makes, so disputes are not uncommon. Most are relatively minor and born of misunderstandings, such as a buyer assuming an item not on the fixtures list is included in the sale.

Other issues, such as unexpected survey results, may involve renegotiating the purchase price or sale terms. More serious disputes, such as planning problems, may require legal resolution.

Most issues arise before contracts are exchanged and everyone becomes legally committed to the sale. It is rare for buyers to pull out after exchange. You have several recourse options if this happens, however, such as keeping the deposit, suing for damages, or forcing the buyer to go through with the purchase.

Our team can help you weigh these options and pursue the best course of action for your specific situation, representing you throughout the process.

Do I need a solicitor to sell my property?

Yes, you do. Even if you are selling to a family member, you still will need help with the legal documentation and conveyancing. Engaging a solicitor early in the process can also help resolve any potential issues before they become serious roadblocks.

Osbornes Law is an award-winning firm committed to delivering excellent results for each and every one of our clients. Our property lawyers are experienced professionals dedicated to providing you with a fast and dependable service. We’ll keep you informed every step of the way, using clear and straightforward language to make the process as stress-free as possible.

For a free quote call, 020 7485 8811 or fill out the form below to speak to our property sales team.