When to Instruct a Solicitor When Buying a House

When to Instruct a Solicitor When Buying a House

Buying a house is one of the most significant financial and legal transactions you will make in your lifetime. Whether you are a first time buyer or moving up the property ladder, one of the most important steps in the process is instructing a solicitor. The timing of this decision can affect how smoothly your purchase progresses and how quickly you can get to exchange and completion. Knowing when to instruct a solicitor, what they will do for you and how to prepare for the process can give you a much better experience as a buyer.

In this article, we will explore when and why you should instruct a solicitor during a house purchase, what services they provide, and what to expect from them during the conveyancing process.

What Does It Mean to Instruct a Solicitor?

Instructing a solicitor means formally appointing a legal professional to handle the conveyancing process on your behalf. Conveyancing is the legal transfer of property ownership from the seller to the buyer. Your solicitor or conveyancer will carry out checks on the property, deal with contracts, liaise with the seller’s legal team, ensure the finances are in place, and oversee the exchange and completion stages.

When you instruct a solicitor, you are giving them authority to act on your behalf in legal matters relating to the purchase. They will begin work once they have received your formal instruction, which may be done in writing or through a signed engagement letter. This instruction also allows them to request funds from your mortgage lender and to hold your deposit for exchange.

When Should You Instruct a Solicitor?

You should ideally instruct a solicitor as soon as your offer on a property has been accepted. At this point, the estate agent will ask for your solicitor’s details so that they can issue the memorandum of sale. This document formally records the agreement between buyer and seller and is sent to both parties’ solicitors to initiate the legal process.

Delaying this step can slow down the entire transaction. If your solicitor is not in place, the estate agent cannot issue the memorandum of sale and the seller may start to worry about your readiness to proceed. Having your solicitor instructed early also means they can begin preliminary checks, request contracts and carry out identity verification in good time.

In some cases, buyers choose to instruct a solicitor before they even begin viewing properties. This is common for those using schemes such as Help to Buy or shared ownership, or for buyers who are keen to move quickly once they find a suitable home. Having a solicitor already instructed can place you in a stronger position when making an offer, particularly in competitive markets.

Why Timing Matters

The legal side of buying a home can take several weeks to complete, even when the chain is relatively simple. Instructing a solicitor early in the process allows time for essential tasks to be completed without unnecessary delays. These include ordering searches, raising enquiries, reviewing title documents and preparing the legal contract.

It also allows time to identify any potential issues with the property, such as restrictive covenants, boundary disputes or historic planning breaches. These matters can take time to resolve, and the earlier your solicitor is involved, the sooner they can start working to protect your interests.

If you leave it too late to appoint a solicitor, you may find yourself under pressure to make decisions quickly without proper legal advice. Worse still, delays in legal preparation may cause the seller to become impatient and put the property back on the market.

What Should You Look for When Choosing a Solicitor?

Not all solicitors are the same, and choosing the right one can have a major impact on your experience. Look for a solicitor or licensed conveyancer who is experienced in residential property and regulated by a professional body such as the Solicitors Regulation Authority or the Council for Licensed Conveyancers.

Ideally, your solicitor should be easy to contact, explain things clearly and have a reputation for being thorough and efficient. It is worth asking how they handle updates, whether they use digital systems for document exchange and what their typical turnaround times are.

It is also important to understand the full cost of their services. Many solicitors offer fixed fees for conveyancing, but these may not include disbursements such as searches and Land Registry fees. Make sure you receive a full quote before instructing, so you can budget properly and avoid surprises later.

What Will Your Solicitor Do After Instruction?

Once instructed, your solicitor will begin by verifying your identity and gathering the necessary information about your purchase. They will contact the seller’s solicitor to request the draft contract and associated documents, including title deeds, planning permissions and any information provided by the seller through property information forms.

Your solicitor will review these documents carefully, raise any necessary enquiries and order searches with the local authority, environmental agencies and water providers. If you are using a mortgage, they will liaise with your lender to ensure that the mortgage offer is received and the funds are ready for completion.

Throughout the process, they will keep you updated on progress and explain any issues that arise. When all checks are complete and both parties are ready, your solicitor will guide you through the exchange of contracts and arrange for the deposit to be paid. On completion day, they will transfer the purchase funds, register your ownership with HM Land Registry and send you a copy of the title.

Can You Change Solicitors Once Instructed?

It is possible to change solicitors after you have instructed one, but it is not always straightforward. If you are unhappy with the service or communication, you should speak with them first to resolve any concerns. If you still wish to switch, you will need to pay for any work already completed and arrange for your new solicitor to take over the file.

Changing solicitors mid way through a transaction can lead to delays, so it is best to choose carefully from the outset and be sure about your decision before instructing.