How to Avoid Delays in the Conveyancing Process

So, you have decided to sell your home. Your property is market ready, the valuation has been carried out, your estate agent is instructed, and the asking price has been agreed. But before the house even goes on the market, there are steps that you can take to avoid delays later on in the process.

What Causes Delays in Conveyancing

Even with the best preparation, some conveyancing delays will be outside your control. Common causes can include:

• Incomplete or delayed paperwork - missing information or documents can result in additional enquiries and delays
• Problems highlighted in searches - property searches can uncover issues that require further investigation before a sale can progress
• Delays in mortgage offerings - lender requirements or outstanding mortgage offers can sometimes hold up a buyer’s progress
• Property chains - a delay elsewhere in the chain can have a knock-on effect on your own sale

You can’t prevent every delay, however, taking a few simple steps to get move ready can help reduce those within your control. 

How Can You Avoid Conveyancing Delays

Preparation is key. Marketing your property is just one, important, part of the initial selling journey. Another crucial phase is what comes next i.e. the legal transaction. On average in the UK, it can take approximately 12 – 16 weeks from accepting an offer to reaching legal completion. Unfortunately, this is a timeframe where transactions are most vulnerable to falling through. This happens for various reasons, often due to unexpected delays causing buyers to change their mind or look elsewhere. 

One very effective way to prevent delays and protect your sale is to get ‘Move Ready’ as early as possible. This involves completing your legal preparation before your property even goes to market.

How Can You Get Move Ready?

Gather Key Documentation

Getting Move Ready involves gathering the paperwork already in your possession that will form part of your initial Contract pack. This can include items such as: -

• Property Certificates: Proof of compliance, such as FENSA or CERTASS certificates, for window and door replacements actioned since 2002.
• Planning and Building Regulation Documents: Documentation evidencing Local Authority permission and agreements for any structural alterations (e.g. loft conversions or extensions.)
• Gas and Electrical Certificates: Gas Safe certificates for boiler installations and servicing, together with any Electrical Installation Condition Reports or Minor Electrical works certificates. 
• Warranties and/or Guarantees: Guarantees and warranties documents for new build properties, damp-proofing guarantees, or timber treatment warranties to name a few. 
• Title Deeds: Deeds for unregistered land or original deeds for registered properties that assist your Solicitor in addressing title ownership, boundary queries, and title enquiries quickly.
• Third Party and/or Other Information: Any other useful information and documentation which concerns the property. For example, details regarding management companies, private roads, service charges, ground rent statements, Estate Sewers, and shared freehold arrangements. 

Prove Who You Are

Strict Compliance and Anti-Money Laundering Regulations require Solicitors to verify your identity, address, and other compliance matters before the process commences. Gathering documents in readiness, such as your passport, driving licence, recent utility bills or Council Tax bills early prevents your file being placed on hold and delaying the process later.

By providing this information at the outset, during an early instruction, your Solicitor can spot any potential issues or missing paperwork weeks before this is raised by a buyer’s Solicitor. Again, ensuring there are no delays later down the line. 

Complete the Paperwork

Typically, many sellers will wait until an offer is accepted before instructing a conveyancing Solicitor and completing the legal and instruction paperwork. However, instructing your Solicitor at the same time as instructing your estate agent allows the contract packs to be issued as soon as a sale is formerly agreed.  

In addition to completing the initial onboarding paperwork and providing your ID, your Solicitor will also ask you to complete a few Property Information Forms, which form a vital part of the initial contract pack, for example: -

• Property Information Form: This form covers a range of matters such as property boundaries, property alterations, permissions, rights of way, boundaries and disputes. 
• Fittings and Contents Form: This outlines exactly what items are included and excluded from the sale e.g. white goods, light fittings, garden items and other such items.
• Leasehold Information Form: Required if you are selling a leasehold property. It outlines matters such as Landlord and Management Company details, service charges, ground rents, and management details.

This stage can be quite a time-consuming process. Completing these forms early, without the pressure of an agreed sale, allows you to work through the forms calmly and accurately. It also provides your Solicitor the time to review the forms and clarify any queries with you well in advance. 

Why is Getting Move Ready Important?

There are multiple benefits to getting Move Ready and instructing your Solicitor as early as possible: -

• Pick Up the Pace: Draft contract packs can be issued to the buyer’s Solicitor immediately upon receipt of the Memorandum of Sale from your estate agent. This can save a couple of weeks of initial administrative delays.
• Reduce Fall Through Risks: The longer a transaction takes, the more the risk of the chain collapsing, or parties changing their mind. Maintaining transaction momentum reduces the likelihood of buyers pulling out or chains collapsing.
• Reassure Buyers: Where the Estate Agent can reassure buyers that your legal pack is ‘ready to go’ it can go a good way to helping make your listing more attractive to serious buyers, strengthening your position.
• Resolve Issues in Advance: Your Solicitor can spot any possible missing documents or title defects early and can help arrange solutions to these matters before they become delays later down the line.

Moving house is one of life’s most daunting and biggest financial transactions. Just a small amount of legal preparation at the beginning can make a big difference to ensuring a smooth and swift path to completion.  

How can we help?

Our residential conveyancing solicitors in Stoke can guide you through every stage of buying or selling a property, from reviewing the contract, preparing the sale pack, carrying out searches and handling enquiries, to agreeing dates and transferring funds, and carrying out the Land Registry post completion formalities.

Contact our team in Stoke by telephone on 0178 232 4454, complete our contact form or send us an email via info@smithpartnership.co.uk.

We also have expert residential conveyancing solicitors at our offices across the East Midlands and Staffordshire, in Burton, Derby, Leicester and Swadlincote.