Conveyancing is a combination of administrative and legal work to transfer property ownership from one party to another.
Attempting to navigate the conveyancing process yourself to cut down on costs may seem tempting and whilst on some transactions it may be possible, it is certainly not recommended.
There is the common misconception that conveyancing is just form filling, but simply put, if it were that easy, everyone would be doing it themselves. Any mistakes, if you were to do it yourself, could attract personal liability.
Depending on whether you are buying or selling a property then the roles and responsibilities change and as a buyer there is more to do and greater responsibility. Potential issues that may arise with searches and pre contract enquiries can be difficult to spot without the necessary experience. Not to mention, the conveyancing process can be incredibly time consuming with a lot of legal jargon to decipher. Whilst the premise of “Caveat Emptor” i.e. “Buyer Beware” places responsibility on the buyer for spotting any defects or legal restrictions within the property, and often there can be little or no legal claim once the property ownership is transferred. If issues arise, the seller of a property is still under an obligation to provide certificate information to the buyer, particularly if asked.
In addition, most mortgage lenders require that a licensed conveyancer or solicitor are instructed on their behalf as a term of the mortgage offer, to make sure that their money is “safe” and correctly secured against the property and registered at HM Land Registry. There is also a requirement to register the change of ownership with HM Land Registry within strict time frames following completion, and missing these can cause real difficulties which can be costly to correct. If something were to go wrong with the process, then a conveyancer or solicitor should have the correct insurance in place to compensate for any financial loss.
Buying or selling a property can be one of the most important, expensive and stressful things you will do in your lifetime and the conveyancing process should not be underestimated.
If you are considering buying or selling a property, contact Jenny Austin by email or on 01494 893546.