What Is The Role Of A Property Solicitor?

Solicitors represent and defend clients’ legal interests and provide advice in many situations A property solicitor (also known as a conveyancer) specialises in advising and representing the client’s legal interests in all legal aspects of buying or selling a property

Property Solicitor’s Duties

Even the slightest mistake can have long-term effects on you and your property, so a property solicitor will be meticulous in checking every detail and conducting heavy research, some notable areas that are common legal issues include:

- The right of the seller to sell the property

- Planning permission

- Restrictions on pets on the property

- Window guarantees

- Gas boiler certifications

One of the duties of a property solicitor is to check the property for any issues, this is especially useful when buying a property, as under the principle caveat emptor the buyer cannot recover damages from the seller for defects on the property that render the property unfit for its intended purpose, although there is an exception to this if the seller actively conceals these defects, as that is fraudulent

So, your solicitor will go through a checklist of things to ensure that you will be able to buy and sell the property with no issue, and also ensure that you can use the property for what you intend This checklist may include things such as checking for planning permission, checking

property deeds, checking building control signs off and checking any restrictions on the title

This can also be very helpful with mortgage lenders because although you may be prepared to take a risk on a property without checking all of the details, your mortgage lender may not be as prepared and will instead force you to pull out of the purchase as they take away their mortgage. Having a solicitor verify all of the details will help get the mortgage lender on your side to buy the property you like

Another duty of your property solicitor is to file the stamp duty information and send the appropriate stamp duty payment once the property ownership is transferred, as well as correctly register everything at the land registry. The solicitor may even offer advice on what to do after the property exchange is completed, such as updating a will or registering with the land registry’s free property alert service, to help prevent future fraud on the property

Why You Should Use A Property Solicitor

Although they are not required to buy or sell a property, they are experts on the matter. They can easily spot any hidden legal issues you may otherwise be blind to, which ensures that you can take ownership or sell a property with minimal issues.

Property solicitors also help simplify the process To buy or sell a house there is a list of people that must be contacted, you will likely have to talk to the estate agents, mortgage companies, the land registry, search providers, HMRC and the buyer/seller Your solicitor can handle all of this for you and fill out plenty of paperwork and make any payments on your behalf, taking the burden and hassle of coordination and communication off of your shoulders.

Finally, if you need to take a mortgage out to finance your purchase, your mortgage lender may require you to use a solicitor to ensure that their interest in the property is properly protected.