The role of a conveyancer

Posted: 18th March 2025
by Joanne Forster

To celebrate National Conveyancing Week, Joanne Forster, Senior Associate in our Residential Conveyancing team in Darlington, explains the role of a conveyancer, simplifies the process of purchasing and selling a property!

The role of a conveyancer

A conveyancer’s role is to assist and facilitate the smooth transfer or mortgaging of property. Whether you are buying, selling, or remortgaging, a conveyancer will explain the process and handle the legal procedure on your behalf, from issuing contracts through to registration.

What happens throughout the conveyancing process?

There are several stages to the conveyancing process. If we focus on a straightforward sale and purchase, for example, the stages can be broken down as follows:

Stage 1: Client Care and Initial Introduction  

During the client care stage, we will require clients to complete a questionnaire so we can obtain as much information about them and the transaction at the outset, so we are equipped with all necessary information. For example, you will be asked questions relating to stamp duty liability, whether you intend to reside at the property, or if the property is an investment buy to let.

Your conveyancer will also need to obtain sufficient proof of identity and source of funds. Most firms now carry out electronic ID checks for ease and security.

If acting for a seller, the seller will be required to complete what is known as the “protocol documents”, which consist of a Property Information form, and a Fixtures and Fittings form.

Stage 2: Review of Contracts, Raising Enquiries and Searches  

Once contracts have been issued, the buyer’s conveyancer will then review the title register and protocol documents to ensure there are no defects in the title, that the seller has sufficient rights to sell the property, and that the contract has been drafted correctly.

They will be focusing on any alterations that have been carried out at the property, any installations such as electrical, boiler and solar panels, and any other factors that may be brought to light within the protocol forms and estate agent brochure.

Once a thorough review has been carried out, the conveyancer will then raise their enquiries with the seller’s conveyancer.  This is often the longest stage in the process as parties may go back and forth requiring further clarification, explanation, and documentary evidence to satisfy the enquiries.

During this process, searches will usually be requested. The three main searches are the local search, drainage & water search, and environmental search. Additional enquiries are likely to be raised once searches are returned and reported to the client upon.

Stage 3: Mortgage Offer 

If the buyer is purchasing with the assistance of a mortgage, the conveyancer will (in most cases) also act on behalf of their lender. The conveyancer will be provided with a copy of their client’s mortgage offer which they will review and report to their client upon.

As the conveyancer acts on behalf of both parties, it is their responsibility to ensure that all lender requirements are satisfied. For example, if there are any defects in Title or missing paperwork for works carried out to the property, the conveyancer is required to report to the lender and ensure that they are happy to proceed and to put in place any suitable indemnity insurance policies.

Stage 4: Preparing for Exchange of Contracts   

Once the conveyancer has reported to their client in relation to title, searches, mortgage, and replies to enquiries, provided the client is satisfied and happy to proceed, the conveyancer will prepare the file for exchange of contracts.

In preparation, the client will need to provide signed Contract documentation, funds, and evidence of buildings insurance (if purchasing with a mortgage). If the transaction is a sale, then a final redemption statement will be requested once a completion date has been agreed between parties and any onward chain.

Once contracts have been exchanged, completion on the agreed date becomes legally binding and neither party can withdraw from the transaction without financial consequences.

Stage 5: Completion and Post Completion 

On the day of completion, funds will be transferred and keys released to the buyer.

The conveyancer will then submit the relevant Stamp Duty Land Tax return and pay any amounts due. An application is then made to the Land Registry to register the transfer and apply for the title register to be updated with the new buyer’s information and lender’s charge information. 

Why did you choose to go into conveyancing?

While studying for my degree and post-graduate LPC, I was always more interested in non-contentious work, such as contract, property, and commercial law.

I started my career in a high street firm that offered services in a number of different areas of law from crime, family & matrimonial, Wills trusts and probate, employment and property.

Once I entered my training seat in residential conveyancing, I knew that this was the area of law for me!

I enjoy the structure and flow of conveyancing. The process is generally the same and you know the next steps to get the transaction to where it needs to be.

It’s nice to know that the parties are all working towards the same outcome and getting to call your client on completion to let them know they can pick up their keys to their new home is the icing on the cake and makes all the hard work worthwhile.