When to Instruct a Solicitor When Selling a House

Selling a property is a major step that involves much more than agreeing a price with a buyer. Once an offer is accepted, the legal process of transferring ownership, known as conveyancing, begins. A key decision for any seller is when to instruct a solicitor to act on their behalf. Getting this timing right can make a significant difference to how smoothly and quickly the transaction proceeds.

Why Timing Matters

Many sellers wait until they have accepted an offer before approaching a solicitor, but this can lead to unnecessary delays. The conveyancing process involves gathering documents, verifying information and preparing the draft contract for the buyer’s solicitor. If you wait until the last minute to instruct a solicitor, these steps cannot begin until after an offer has been agreed. This can slow down the transaction and cause frustration for buyers who are eager to move forward.

The Best Time to Instruct a Solicitor

The most effective time to instruct a solicitor is as soon as you put your property on the market. By doing this, your solicitor can start collecting the necessary paperwork, such as title deeds, property information forms and fixtures and fittings lists. They can also identify any potential issues early on, such as missing planning permissions or unregistered land, and work with you to resolve them before they become obstacles to the sale. Having everything prepared in advance gives you an advantage once an offer is accepted, as the legal process can begin immediately.

What the Solicitor Does Once Instructed

After you have instructed your solicitor, they will open your file and request the documents they need to prepare the draft contract. You will be asked to complete detailed forms about the property, covering aspects such as boundaries, disputes, guarantees and services. If the property is leasehold, the solicitor will also contact the freeholder or managing agent to obtain a management information pack. By the time you receive an offer, your solicitor should already be in a strong position to issue the contract quickly to the buyer’s solicitor, keeping the momentum going.

Avoiding Delays in the Selling Process

One of the most common causes of delay in property transactions is the late preparation of documentation. Buyers can become frustrated if contracts are slow to arrive, and in some cases, they may even withdraw if progress stalls. Instructing your solicitor early prevents this problem and shows potential buyers that you are organised and committed to the sale. It also reduces the risk of last-minute issues arising, which can put the entire transaction at risk.

The Role of Communication

Early instruction also allows you to establish clear communication with your solicitor. You can discuss their fees, how they prefer to update clients and what steps you can take to speed up the process. By building this relationship before an offer is accepted, you are more likely to feel confident and supported throughout the transaction. Buyers, estate agents and lenders also benefit from dealing with a solicitor who is already up to speed with the property details.

Conclusion

The best time to instruct a solicitor when selling a house is before you have accepted an offer, ideally as soon as your property goes on the market. Early instruction allows the solicitor to gather the necessary information, prepare contracts and address potential issues, ensuring the sale progresses without avoidable delays. Sellers who take this step early often find that the entire process runs more smoothly, reducing stress and improving the chances of a successful completion.