What Your Solicitor Does on a Purchase
Issues a Solicitor Checks Before Exchange
Frequently Asked Questions
Do I need a solicitor if I am a cash buyer?
Yes. Without a solicitor, you have no title investigation, no searches, and no protection against legal defects in the property. Problems that a solicitor's searches and enquiries would identify — restrictive covenants, planning breaches, missing rights of way — can make the property unsaleable or unmortgageable in future. Most sellers' solicitors will not deal directly with an unrepresented buyer. Using a solicitor on a cash purchase costs a small amount relative to the risks of purchasing without one.
What is the difference between exchange and completion?
Exchange of contracts is the point at which both parties become legally bound — the buyer pays the deposit (usually 10%) and a completion date is fixed. The transaction cannot be withdrawn from by either party without financial consequences. Completion is when the balance of the purchase price is paid and ownership transfers — the buyer gets the keys. The gap between exchange and completion is typically 1–4 weeks on residential purchases.
What searches should I order?
At minimum: a local authority search (planning, highways, enforcement), a water and drainage search (public sewers and water mains), and an environmental search (flood, contamination, landfill). Additional searches depend on the area — coal mining, chalk mining, tin mining, chancel repair liability, and highway drainage are all location-specific. Your solicitor advises which are necessary and orders them on your behalf. Searches typically take 1–4 weeks to return.
Can I pull out of a purchase before exchange?
Yes — before exchange, there is no binding contract and either party can withdraw for any reason without financial liability (beyond legal fees and search costs already incurred). After exchange, withdrawal by the buyer means loss of the 10% deposit and potentially further damages. This is why carrying out thorough due diligence before exchange is so important — your solicitor flags all issues before you are legally committed.
How much is Stamp Duty Land Tax on my purchase?
SDLT is charged at graduated rates on the portion of the purchase price in each band. For standard residential purchases: 0% on the first £125,000; 2% on £125,001–£250,000; 5% on £250,001–£925,000; 10% on £925,001–£1.5m; 12% above £1.5m. First-time buyers pay 0% on the first £425,000 (on purchases up to £625,000). A surcharge of 3% applies on second homes and buy-to-let properties. Your solicitor calculates the exact SDLT and submits the return within 14 days of completion.