Property Sale Conveyancing Solicitors
Selling a property requires more legal preparation than most sellers expect — from drafting the contract pack to answering the buyer's enquiries and managing the exchange and completion in a chain.
When you sell a property, your solicitor prepares the contract pack — gathering the title documents from HM Land Registry, completing the Seller's Property Information Form (TA6) and the Fittings and Contents Form (TA10), and drafting the contract of sale. The solicitor then responds to the buyer's enquiries, negotiates any amendments to the contract the buyer's solicitor requests, and manages the exchange and completion in coordination with the rest of the chain. For leasehold properties, the solicitor also obtains the management information pack from the landlord or managing agent — a key document that typically causes delays if not requested promptly. A solicitor will manage the process efficiently and protect the seller's position throughout.
Selling a Property — The Legal Process
Property sale conveyancing — the key stages and what a solicitor does at each one to manage the transaction efficiently and protect the seller.
Selling a property involves preparing, negotiating, and delivering a legal package that gives the buyer (and their mortgage lender) everything they need to satisfy themselves that the title is good, complete. A solicitor manages every stage of that process on behalf of the seller.
Contract pack preparation — the seller's legal bundle
The seller's solicitor prepares the contract pack — the bundle of documents sent to the buyer's solicitor at the outset to enable them to begin the legal investigation. The contract pack typically includes: the official copy title register and title plan from HM Land Registry; the draft transfer deed; the Seller's Property Information Form (TA6) — completed by the seller with information about the property's history, planning permissions, disputes, and services; the Fittings and Contents Form (TA10) — listing what is included in the sale and what is not; and any relevant documentation (planning permissions, building regulation completion certificates, guarantees and warranties, planning permissions for extensions). For leasehold properties, the pack also includes the lease and a copy of any licences or consents. A prompt and complete contract pack avoids unnecessary delays.
Responding to buyer's enquiries — disclosing what needs to be disclosed
After reviewing the contract pack, the buyer's solicitor will raise enquiries — questions about the title, the property's history, the boundaries, planning consents, and anything else the contract pack reveals that requires clarification. The seller's solicitor will review these enquiries with the seller and draft the replies — advising on what must be disclosed (even where the disclosure may concern the buyer or reduce the value of the property) and what is outside the scope of the enquiries. Misleading or untrue replies to enquiries can found a misrepresentation claim — a solicitor will ensure the seller's replies are accurate, complete, and properly qualified where necessary to protect the seller from post-completion liability.
Title defects — resolving issues that could delay or prevent the sale
Where the buyer's solicitor identifies a defect in the title — a missing planning permission, a breach of a restrictive covenant, an error in the registered title, a missing deed — it must be resolved before exchange. A solicitor will advise on the nature and severity of the defect, the options for resolving it (indemnity insurance, obtaining the missing consent, applying to HM Land Registry to correct the register), and the most efficient route to resolution. Many title issues that appear serious can be resolved quickly with indemnity insurance — a policy that protects the buyer (and their lender) against the risk the defect materialises. A solicitor will advise on the appropriate solution and manage the resolution process.
Leasehold sales — obtaining the management information pack
For leasehold properties, the solicitor must obtain a management information pack from the landlord or managing agent — containing the service charge accounts, the ground rent schedule, the building insurance schedule, and any notices or correspondence affecting the property. This pack is essential for the buyer's solicitor and (where the buyer has a mortgage) for the lender — and it is the most common cause of delay in leasehold sales. A solicitor will request the pack promptly, chase the managing agent for its return, and review it carefully — identifying any service charge arrears, major works planned or already carried out, or management issues that the buyer needs to know about. The cost of the management information pack is the seller's responsibility.
Exchange of contracts — making the sale legally binding
Exchange of contracts is the point at which the sale becomes legally binding. Before exchange, the solicitor will check that all enquiries have been resolved, that the buyer's mortgage offer is in place, and that all parties in the chain are ready to exchange simultaneously. The seller signs the contract; exchange is effected by telephone (or electronically where permitted) between solicitors. On exchange, the buyer pays the deposit (typically 10% of the purchase price) and a completion date is fixed. After exchange, the seller is legally committed to completing the sale on the agreed date. A solicitor will advise on the risks of exchange without the rest of the chain being ready and manage the exchange process to the seller's best advantage.
Completion and redemption of the mortgage
On completion day, the seller's solicitor receives the completion funds from the buyer's solicitor, redeems any outstanding mortgage secured against the property, and releases the keys through the estate agent. The net proceeds of sale — after redemption of the mortgage and deduction of the solicitor's fees and estate agent's commission — are paid to the seller. The solicitor then arranges for HM Land Registry to update the register — removing the seller's name and any mortgage from the title and registering the buyer as new proprietor. The solicitor will also retain an undertaking from the buyer's solicitor to attend to the registration — which is then completed post-completion.