Buying or selling a home is one of the most significant financial decisions most people will make in their lifetime. Whether you are a first-time buyer, an experienced homeowner, or preparing to sell your property, the legal process involved can feel complex and overwhelming.
This guide is designed to help you understand the legal steps required when buying or selling a property in England and Wales. From the initial offer to completion and beyond, we will walk you through each stage, explain key terminology, and outline your legal rights and responsibilities.
Whether you are navigating conveyancing, dealing with surveys, or exchanging contracts, our aim is to make the process clearer, more manageable, and less stressful ensuring you feel informed and confident at every step.
Buying a property: key stages
Instruction and opening the file
- Your solicitor is likely to send an instruction form and request money on account to cover initial costs.
- You will be requested to supply your ID/complete an ID check
- In addition to verifying your identity, your conveyancer must also see evidence of your source of funding for the purchase. This will be requested at the outset.
- Work usually begins once your written instructions and ID are received.
- You will be given a cost estimate and client care information.
Searches and contract pack review
- Your solicitor will order searches such as local authority, water & drainage, and environmental.
- On receipt of the draft contract and title from the seller’s solicitor, they will review the documents.
- Enquiries will be raised based on the contract, title, and search results.
Mortgage offer
- When your mortgage offer is received, your solicitor will check the terms and ensure everything is in place.
- They may liaise with the lender regarding any title-related concerns.
Survey and valuation
- A private survey is strongly recommended. A mortgage valuation is for the lender's benefit only.
- Consider a structural survey for older or unusual properties.
Pre-exchange preparation
- Once all matters are resolved, including replies to the enquiries raised with the seller’s solicitor, your solicitor will send you a report on the property.
- You will be asked to sign the contract and mortgage deed and pay the deposit (usually 10%).
- Building and life insurance should be arranged from exchange of contracts.
- Your solicitor will request the mortgage funds and any balance from you.
- Final checks will be made, including Land Registry and bankruptcy searches.
Exchange of contracts
- Once everyone in the chain is ready, contracts are exchanged, and a completion date is fixed.
- This is the point at which the transaction becomes legally binding.
Completion day
- Funds are transferred to the seller's solicitor.
- Once received, keys are released and you may take possession of the property.
Post-completion
- Your solicitor will pay any Stamp Duty and register your ownership at the Land Registry.
- The electrical title register will be sent to your lender or to you if no mortgage is involved.
Selling a property: key stages
Instruction and preparation
- Upon instruction, your solicitor will open a file and request initial funds. Your solicitor is likely to send an instruction form and request money on account to cover initial costs.
- You will be requested to supply your ID/complete an ID check
- You will complete property information forms (e.g., TA6, TA10).
Contract preparation
Once the title deeds are received, your solicitor will draft the contract and send the pack to the buyer’s solicitor.
Dealing with enquiries
- Your solicitor will handle enquiries raised by the buyer’s solicitor.
- You may be asked to provide further documentation or clarifications.
Mortgage redemption figure
- Your solicitor will request a statement from your mortgage lender (if applicable) to confirm how much is owed.
Pre-exchange preparation
- You will be asked to sign the contract in readiness for exchange.
- A completion date will be agreed among all parties.
Exchange of contracts
- Contracts are exchanged and the transaction becomes legally binding.
Completion day
- The buyer’s solicitor sends funds.
- Once received, keys are released and the mortgage is redeemed.
- Your solicitor will pay the estate agent and send you the net proceeds.
Post-completion
- The signed transfer and title documents are sent to the buyer’s solicitor.
- Your solicitor will notify you when the matter is finalised.
Visual overview
Buying and selling process
- Instruct solicitor
- Provide documents and initial funds
- Prepare/send/receive contract pack
- Raise/respond to enquiries
- Receive mortgage offer (if applicable)
- Sign documents
- Agree and exchange contracts
- Prepare for completion
- Completion (transfer of funds and keys)
- Post-completion work (registration/redemption)
Key reminders
Surveys: Always consider a full survey regardless of mortgage valuation.
Chains: Be prepared for delays; your transaction depends on others in the chain.
Funds: All monies, including deposit and fees, must be cleared before exchange/completion.
Insurance: Building insurance is required from exchange for buyers.
Communication: Stay in regular contact with your solicitor and agent to keep things moving.
This guide is intended as an overview. Your solicitor will provide detailed advice tailored to your specific transaction. Contact us today on 0161 696 6187 to speak with our expert conveyancing solicitors.
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