• 18 JUN 15
    Property Q & A : Do I need a solicitor to sell my home?

    Property Q & A : Do I need a solicitor to sell my home?

    Each month, partner and property expert, Graham Ireland discusses your conveyancing and residential property queries. Here he explains why it’s important for people selling their home to have a solicitor on board.

    Question: Do I need a solicitor to sell my home?

    It is possible to deal with the sale of a property yourself but as this is most likely to be a big milestone with a significant transaction of funds, it is not advisable to try and complete the process yourself. The risks associated in getting it wrong are vast.

    A solicitor acting for a seller will prepare a draft contract, the idea of which will be to protect the seller’s interests and will include provisions which do so. He or she will also deal with any enquiries which might be raised by the buyer’s solicitors which may arise as a result of pre contract searches, something arising from the title to the property or from documents supplied by him to the buyer’s solicitor.

    Selling a property can be complicated and there are many pitfalls which could catch you out.

    Many of the terms of property contracts are technical and if not dealt with properly could leave you in a position where you could be liable to the other party for compensation for breach of contract.

    If you have a mortgage on the property, the question of redeeming that mortgage is also something that will need to be resolved. If a solicitor is acting for the seller, the matter is normally dealt with by way of a simple undertaking by that solicitor to discharge the mortgage. However, you will not be able to sell the property that way if you do not have a solicitor representing you.

    There are also likely to be other procedural issues which you will have to resolve such as dealing with the issue of identity acceptable to the Land Registry. If you are not represented by a solicitor, you will find that you may need to have identification documents certified by a solicitor in any event in order to satisfy the Land Registry’s requirements.

    For further guidance on conveyancing or residential property, contact Graham Ireland on graham.ireland@whnsolicitors .co.uk or call 01254 272640