If you’re buying or selling a property, then it’s necessary for you to appoint a conveyancing lawyer. If you’re wondering why professional legal services are essential, or you don’t quite understand what conveyancers do, then read on to find out more.
Conveyancing – What Is It?
Before property can be transferred, the buyer must ensure that the title they are buying is ‘good’: that the seller is indeed the owner; that they have the claimed right to sell the property; and that there are no extenuating factors which would limit their ability to remortgage or sell on the property.
A conveyance is this transfer of legal title from one person to another or the granting of a mortgage. There are two major landmarks in every conveyance: the exchange of contracts, where the equitable title passes, and completion, where the legal title passes.
The role of a conveyancer is to ensure that the title is good before it passes, and to arrange the contracts on behalf of their client. The law surrounding conveyances is complicated, so the conveyancer must be a specialist with an expert knowledge of property law (either a licensed conveyancer or a solicitor).
How to Choose a Conveyancer
It is important to choose the right legal team to represent you, as moving house is incredibly stressful without the added complication of doubting your conveyancer’s abilities. Bear in mind that companies which offer lower prices might not be able to offer the personal services you require and might not dedicate as much time as you would like to your conveyance. That’s not to say that you can’t get a fantastic deal and great service from a cheaper conveyancer; you just have to be discriminating. Look for tried and tested conveyancers like Quick Move Conveyancing if you want to ensure quality of service.
Questions to Ask When Choosing Your Conveyancer
Is the conveyancing solicitor or licensed conveyancer regulated and insured? If worst comes to worst and you discover major legal defects after completion, you need to be certain that you can claim from an effective insurance policy or have recourse of action to a regulatory body. To do so, your conveyancer must be regulated and insured.
Do they have the experience to undertake your transaction? Solicitors are often not conveyancing specialists, so they carry out other work alongside conveyances. As a result, they may spend a lot of time out of their office – in court, for example – meaning they’re not around to take your call when you need to discuss something with them.
Are you willing to have discussions with your representative over the telephone, by email or letter, or do you feel it’s necessary to meet them face-to-face? This will affect how far afield you can look. However, it’s important not to restrict yourself too greatly, as having a good look around will help to you to find the service that you need and deserve; just because a conveyancer is local to you, it doesn’t mean that they’ll automatically have the service you need at a price you can afford. Do your research and shop around before committing to a professional representative.
There are no set rules to govern appointing a conveyancer, but you should make sure that you ask the right questions. As well as the generic questions above, if something is important to you, inquire about it beforehand. You need to be absolutely certain that you will receive the service you require at a price you can afford before you commit to anything, which means reading the small print, however arduous a task. Make sure that you feel comfortable with the enterprise or individual handling your transaction; if you don’t, you can change or ‘disinstruct’ your conveyancer early in the transaction at little cost. Don’t go ahead unless you’re entirely happy with the service you’re receiving.