The Role Of A Solicitor When Purchasing Residential Property

• Published date: 25 September 2020
• Subject Matter: Finance and Banking, Real Estate and Construction, Charges, Mortgages, Indemnities, Financial Services, Conveyancing
• Law Firm: Butcher & Barlow
• Author: Ms Lynsey Stuchfield

In our latest article, Lynsey Stuchfield, Head of the Firm's Residential Conveyancing department, outlines the important role a solicitor takes during the transaction of residential property.

When purchasing a property, it is essential for the buyer to instruct a conveyancer to assist with the legalities of the transaction. It is the responsibility of the conveyancer to provide legal advice throughout the entire buying process and to ensure that the property being purchased has what is known as good and marketable title.

At Butcher & Barlow LLP, we have a team of qualified and trained property lawyers made up of Solicitors, Licensed Conveyancers and Chartered Legal Executives. . From inception through to completion there is a wealth of experience within the Firm, and as such you will be given expert advice if any extenuating matters arise, such as boundary disputes. If any unforeseen circumstances do prove to be an issue, we will be here to support you every step of the way, and ensure we navigate you through the process as smoothly as possible.

How might our conveyancers assist you?

As anybody who has purchased a property knows, there is a legal journey to navigate during a property purchase. Your conveyancer is there to provide the legal and practical experience needed to see you through to completion of the purchase, undertaking all due diligence on the property and advising you on any serious issues you may not be aware of or which could affect saleability.

Your conveyancer will receive a contract pack from the sellers solicitors which will contain the draft contract, details of the title to the property to include whether it is leasehold or freehold and what rights and restrictions is it subject to for example. A property information form, leasehold information form (where leasehold) and fixtures and fittings form will be included within the contract pack. This pack will be reviewed by your conveyancer and inquiries raised on anything that is unclear or which needs further investigation. A copy of the pack will be sent to you with a legal report.

A variety of searches will be put in hand, some of which are required by your mortgage lender (if you are having a mortgage) and others which your conveyancer will strongly recommend so that you have a full picture of the property before you buy it. The searches will reveal things such as whether the road is adopted by the Local Authority, whether there are any planning permissions or building regulations...