Conveyancing is the legal process involved in transferring ownership of a property from the seller to the buyer. When selling a property, this can include preparing the contract, dealing with title documents, responding to enquiries, arranging exchange of contracts and completing the transaction.

You will need a legal professional, such as a solicitor or licensed conveyancer, to handle the legal work involved in transferring ownership of the property. Your legal representative can prepare the contract, deal with the buyer’s solicitor and manage the legal aspects of exchange and completion.

It is generally advisable to instruct your solicitor as early as possible, ideally before or when you put your property on the market. Having your legal representative involved early can allow relevant documents and information to be prepared and may help reduce delays later in the transaction.

An accepted offer is generally not legally binding until contracts have been exchanged. The transaction normally becomes legally binding when contracts are exchanged. Until then, the transaction is generally described as being “sold subject to contract”.

The documents required can depend on the type of property and your circumstances. They may include title documents, property information forms, information about fixtures and fittings, planning or building regulation documents where relevant, leasehold information and other documentation relating to the property. Your solicitor can advise you on the documents required for your particular sale.

The buyer’s solicitor may raise questions about matters including the property’s title, boundaries, planning, alterations, rights, restrictions, services, fixtures and fittings and other relevant aspects of the property. Your solicitor can help you understand the enquiries and provide appropriate responses.

A freehold sale generally involves transferring ownership of the property and the land associated with it. A leasehold sale involves transferring the buyer’s interest under the relevant lease. Additional information may be required, including details of the lease, service charges, ground rent, management arrangements and other leasehold matters.

You can generally sell a property that has an outstanding mortgage. Your solicitor will normally obtain a redemption statement from your lender and arrange for the mortgage to be repaid from the sale proceeds on completion. If there are other secured debts affecting the property, these may also need to be dealt with as part of the transaction.

Before exchange, your solicitor will work through the legal aspects of the sale, including preparing the contract, dealing with the buyer’s enquiries and resolving relevant legal issues. You should ensure that the information you provide is accurate and complete and respond promptly to requests from your solicitor.

Exchange of contracts is the stage at which the seller and buyer become legally committed to the transaction. Once contracts have been exchanged, withdrawing from the sale can have legal and financial consequences.

On completion, the buyer’s solicitor transfers the agreed purchase funds to your solicitor. Your solicitor will then deal with relevant payments, such as repayment of your mortgage or other secured debts, and transfer the remaining balance to you in accordance with your instructions.

An Energy Performance Certificate is generally required when a property is marketed for sale, subject to applicable exemptions. You should ensure that you have the appropriate EPC arrangements in place before marketing the property.

It depends on your circumstances and the property being sold. Certain reliefs may be available when selling a qualifying main home, provided the relevant conditions are met. Capital Gains Tax may apply to properties such as buy-to-let properties, business premises, land or inherited property.

Selling a rented property can involve additional considerations. You may need to consider the existing tenancy, the rights of the tenants, the terms of the tenancy agreement and any applicable tax implications. Your solicitor can advise you on the legal aspects of the sale based on your circumstances.

Potentially, yes. However, additional legal considerations may apply when selling an inherited property. The property may need to be dealt with as part of the estate administration, and the person selling the property must have the appropriate legal authority to do so.

Potentially, yes. However, restrictions, covenants, charges or other matters affecting the title may need to be addressed before or during the sale. Your solicitor can review the title and advise you on any issues that could affect the transaction.

The buyer’s solicitor may raise additional enquiries if they identify something requiring clarification. Your solicitor can review the enquiries with you, advise you on the appropriate response and help deal with any legal documentation that may be required.

There is no fixed timeframe for every property sale. The process can depend on factors including the type of property, whether there is a chain, the buyer’s circumstances, mortgage arrangements, outstanding enquiries and how quickly the required information is provided.

Yes. Our property team can communicate with the relevant parties, identify outstanding legal matters and help progress the transaction where possible. The appropriate steps will depend on the reason for the delay and the circumstances of the transaction.

Yes. MYM Solicitors can assist with the legal aspects of your property sale, including preparing the contract, reviewing title documentation, dealing with enquiries, advising on legal issues, exchanging contracts and completing the sale. Our property team can provide advice tailored to your circumstances and the type of property you are selling.