When to Instruct a Solicitor When Selling a House

At Lillian Purge, we specialise in SEO for Solicitors. This guide explains when to instruct a solicitor when selling a house.

Selling a property involves several legal and administrative steps, and one of the most important decisions you’ll make early on is when to instruct a solicitor or conveyancer. Many sellers wait until they’ve accepted an offer before appointing a solicitor, but getting professional support earlier can make the process faster, smoother, and less stressful. Understanding when to instruct a solicitor and what they do at each stage helps ensure your sale proceeds efficiently from listing to completion.

What It Means to Instruct a Solicitor

Instructing a solicitor simply means formally appointing them to act on your behalf during the property sale. Once instructed, your solicitor will begin preparing legal documents, verifying ownership details, and liaising with the buyer’s solicitor to manage the conveyancing process.

They handle tasks such as drafting the contract of sale, responding to legal enquiries, organising property searches, and arranging the final transfer of ownership. By instructing a solicitor early, you can resolve potential issues upfront, reducing the risk of delays later in the transaction.

The Best Time to Instruct a Solicitor

It’s best to instruct a solicitor as soon as you decide to sell your property rather than waiting until you receive an offer. Doing so allows them to start collecting key documents and verifying information immediately, meaning you can move quickly once a buyer is found.

Here’s a breakdown of when and why early instruction helps:

Before listing your property
If you instruct your solicitor before your home goes on the market, they can review your title deeds, confirm any restrictions, and prepare the draft contract pack in advance. This preparation helps speed up the sale once an offer is made.

When you receive an offer
If you haven’t already instructed a solicitor, you should do so as soon as you accept an offer. The estate agent will need your solicitor’s details to issue the memorandum of sale, which formally starts the legal process. Any delay in providing this information can slow down the transaction.

Before accepting an offer in principle
Some sellers choose to instruct a solicitor once serious interest is shown but before a formal offer is accepted. This can be helpful in competitive markets where sales progress quickly and buyers expect prompt communication.

Why Instructing Early Speeds Up the Process

Early instruction gives your solicitor time to gather essential information, such as property deeds, planning permissions, and energy performance certificates. Many of these documents can take time to locate, especially if the property has been owned for several years or was inherited.

Starting early also allows your solicitor to identify any issues—like boundary disputes, restrictive covenants, or missing documentation—that could delay the sale later. Resolving these in advance helps keep the sale chain moving smoothly and reassures buyers that the property is ready for completion.

Documents Your Solicitor Will Need

Once instructed, your solicitor will ask for several documents to start preparing your file. These may include:

• Proof of identity and address for anti-money laundering checks

• The property title deeds or Land Registry information

• Details of any mortgages or loans secured against the property

• Copies of planning permissions, warranties, or building regulations certificates

• Leasehold information, if applicable (such as service charge accounts or ground rent statements)

Having these documents ready before your solicitor requests them can save valuable time.

What Happens After You Instruct a Solicitor

Once your solicitor is formally instructed, they will:

1. Send you a client care letter confirming fees and terms of engagement.

2. Carry out identity verification checks.

3. Request and review property title documents.

4. Prepare a draft contract for the buyer’s solicitor.

5. Respond to any legal enquiries raised during the process.

They will work closely with your estate agent and the buyer’s solicitor to keep the sale on track, updating you regularly until exchange and completion.

Instructing a Solicitor Before You Find a Buyer

Some sellers hesitate to appoint a solicitor until a buyer is confirmed, but doing so early offers several advantages:

• It shortens the time between accepting an offer and exchanging contracts.

• It allows potential issues to be identified and resolved in advance.

• It gives buyers confidence that the sale is organised and progressing efficiently.

Even if your sale takes longer than expected, having a solicitor in place ensures you’re prepared to act quickly when the right buyer comes along.

How to Choose the Right Solicitor

When selecting a solicitor to handle your property sale, look for someone experienced in conveyancing who offers clear communication and transparent pricing. Recommendations from friends or estate agents can help, but always check that your solicitor is regulated by the Solicitors Regulation Authority (SRA) or the Council for Licensed Conveyancers (CLC).

Consider factors such as:

• Experience with local property transactions

• Responsiveness to enquiries

• Use of online systems for faster communication and document sharing

• Clear explanation of costs and timescales

The right solicitor can make a significant difference to how smoothly your sale progresses.

Costs of Instructing a Solicitor

Conveyancing fees for selling a house typically range from £600 to £1,200, depending on the property value, location, and complexity of the transaction. Additional disbursements, such as Land Registry fees or bank transfer charges, may also apply.

Most solicitors offer fixed-fee quotes for residential sales, giving you a clear understanding of costs upfront. Always ask for a written breakdown before committing.

Avoiding Delays After Instruction

To prevent unnecessary delays once your solicitor is instructed:

• Respond promptly to any document or information requests.

• Provide accurate details of your mortgage or leasehold arrangements.

• Keep your estate agent and solicitor updated on any changes in circumstances.

Efficient communication between all parties is key to a successful sale.

Final Thoughts

You should ideally instruct a solicitor as soon as you decide to sell your house. Doing so ensures that legal paperwork and property documents are ready early, helping the transaction progress quickly once a buyer is found.

By appointing a solicitor early, you give yourself the best chance of a smooth, stress-free sale and avoid last-minute complications that can delay completion. Preparation, communication, and professional support make all the difference in a successful property transaction.

Check out who is the best no win no fee employment solicitors and who pays solicitor fees when buyer pulls out. More FAQs in our Solicitors Hub.