When should you instruct a solicitor to sell?
Earlier than most people think. Many sellers wait until they have accepted an offer, but you can instruct as soon as your property goes on the market. That gives your solicitor time to:
- complete your ID checks and open the file;
- obtain your title documents from HM Land Registry;
- send you the property information forms to fill in;
- order a leasehold management pack, if your property is leasehold.
When an offer comes in, the contract pack can go to the buyer's solicitor within days rather than weeks. The legal fee is the same whenever you instruct (the file opening fee and ID checks are paid at instruction), and instructing early is one of the few things a seller can do to speed up a chain. Get a sale quote, or a sale and purchase quote if you are also buying.
Step 1 — ID, instruction and your title
After you instruct, your identity is checked and your file is opened. Your solicitor then downloads the official copies of your title from HM Land Registry — the register and plan that show who owns the property, its boundaries, and any rights, restrictions or covenants.
If your property is not registered (some homes owned by one family for decades are not), tell us on the quote form. Your solicitor will need the original deeds, and there is extra work involved.
Step 2 — Property information forms (TA6, TA10 and TA7)
Most sellers in England and Wales complete a set of standard forms used under the Law Society's Conveyancing Protocol:
- TA6 Property Information Form — boundaries, disputes, alterations, planning and building control, guarantees, services, flooding, parking and more.
- TA10 Fittings and Contents Form — what is included in the sale and what you are taking with you.
- TA7 Leasehold Information Form — lease details, service charges, ground rent and the managing agent (leasehold only).
Answer honestly and completely. If you do not know an answer, say so rather than guessing — inaccurate answers can cause problems later. Your solicitor can help you understand what a question is asking, but the answers must come from you.
Documents worth finding now:
- planning permissions and building-regulations completion certificates for any extensions, loft conversions, window replacements or electrical work;
- guarantees and warranties (damp proofing, new-build warranty, boiler, windows);
- FENSA or equivalent certificates for replacement windows;
- service charge and ground rent statements (leasehold);
- your mortgage account number.
Step 3 — The leasehold management pack (leasehold only)
If you are selling a flat or a leasehold house, the buyer's solicitor will need information from your freeholder or managing agent: service charge accounts, planned major works, buildings insurance and more. This comes in a management pack, which the managing agent charges for and which can take several weeks to arrive.
Ordering it as soon as you instruct is one of the biggest time-savers on a leasehold sale. See leasehold conveyancing costs and extra charges for what the pack usually costs and what else leasehold sellers pay.
Step 4 — The contract pack goes to the buyer
Your solicitor sends the draft contract, your title documents and your completed forms to the buyer's solicitor. The buyer's side orders searches and reviews everything.
Step 5 — Answering the buyer's enquiries
The buyer's solicitor will raise questions — about the forms, the title or the search results. Many will come back to you. Replying quickly and fully is the single biggest thing a seller can do to keep things moving. Slow replies are one of the most common causes of dead time in a chain.
Step 6 — Your mortgage redemption
If you have a mortgage, your solicitor obtains a redemption statement from your lender, showing exactly what is needed to pay it off on completion day. The mortgage is repaid from the sale proceeds.
Step 7 — Exchange
Once enquiries are answered and the buyer is ready, contracts are exchanged and a completion date is fixed. From exchange the sale is legally binding. See what exchange and completion mean.
Step 8 — Completion
On completion day the buyer's money arrives, your mortgage is paid off, and the estate agent's fee is usually paid from the proceeds. Your solicitor then sends you the balance. You hand over the keys, usually through the estate agent.
What selling usually costs
On a sale there is usually no search pack (the buyer orders searches), so disbursements tend to be lower than on a purchase. Legal fees start from £400 + VAT, with disbursements such as Land Registry copies, bank transfer fees and ID checks on top, plus a mortgage redemption fee if you have a mortgage, and leasehold extras if applicable. Full breakdown: how much conveyancing costs.
Seller checklist
- Instruct a solicitor when you list, not when you accept an offer.
- Complete the TA6 and TA10 (and TA7 if leasehold) promptly and honestly.
- Gather certificates, guarantees and planning documents.
- Leasehold? Ask your solicitor to order the management pack straight away.
- Reply to enquiries within a day or two if you can.
- Keep your estate agent and solicitor updated on your onward purchase.