Selling your home, one prepared step at a time

Your legal journey as a seller

Conveyancing is the legal work that transfers ownership of your property to the buyer. Your conveyancer, the solicitor or licensed conveyancer acting for you, typically:

• checks your identity and that you are entitled to sell
• obtains your title, the official record of ownership, and any older deeds
• sends you property information forms to complete, covering things like boundaries, disputes, alterations and what is included in the sale
• prepares the draft contract and sends it, with your forms and title, to the buyer's conveyancer
• answers the buyer's enquiries, the written questions their conveyancer raises
• gets a redemption statement from your lender, showing exactly what is needed to repay your mortgage
• exchanges contracts, the point where the sale becomes legally binding and the completion date is fixed
• on completion day, receives the buyer's money, repays your mortgage and sends the balance to you

For example, if you sell for £350,000 and owe £200,000 on your mortgage, your conveyancer repays the lender, pays the estate agent's fee if you have asked them to, deducts the agreed legal costs and sends you the rest. This is the process in England and Wales; Northern Ireland differs in places.

What selling will cost

Your quote shows each cost on its own line:

• the legal fee, plus additions where they apply, for example for a leasehold, a mortgage to repay or an unregistered title (one not yet recorded at HM Land Registry)
• disbursements, the third-party costs paid for you, such as an identity check for each seller
• the law firm's charge for sending your money, with VAT
• for a leasehold, the landlord's or managing agent's fees, marked to be confirmed until they are known
• VAT, where it applies

Sellers do not pay stamp duty. Other costs include the estate agent's fee, any early repayment charge on your mortgage and an Energy Performance Certificate (EPC), which you must have when selling.

If the property has not been your main home throughout, for example a buy-to-let, Capital Gains Tax may be due. For UK homes it must usually be reported and paid within 60 days of completion, so speak to an accountant before you sell.

What to gather now

Start collecting these as soon as you decide to sell, ideally before you accept an offer:

• photo identification and proof of address for every owner
• your mortgage account number, and details of any other loan secured on the property
• planning permissions and building regulations approvals for extensions, loft conversions, removed walls or replacement windows
• warranties and certificates, for example for damp proofing, a new boiler or electrical work
• your EPC, and any recent survey or reports you have
• for a leasehold, the lease, the landlord's and managing agent's details and recent service charge and ground rent statements
• if you are selling for someone who has died, the grant of probate, the court document confirming who can deal with their property

If something is missing, tell your conveyancer early, because most gaps can be filled but they take time. For estate sales, see our probate property sales guide.

How long it can take

A freehold sale commonly takes 10 to 16 weeks from instruction to completion, and a leasehold sale 12 to 20 weeks, because the buyer needs information from the landlord or managing agent.

Much of the timing depends on the buyer's side: their mortgage offer, their searches and any sale of their own. You can help by returning forms quickly, answering questions fully and asking your conveyancer to order any management pack as soon as you accept an offer. Agree a moving date only once contracts have been exchanged.

Common pitfalls

These are the issues that most often hold up a sale:

• Alterations made without planning permission or building regulations approval. Indemnity insurance, a policy covering the risk of enforcement action, is sometimes an option, but the buyer and their lender must accept it.
• Slow or incomplete answers to the buyer's enquiries.
• A leasehold management pack ordered late.
• An overlooked early repayment charge, or a second loan secured on the property.
• Leaving disputes, complaints or notices off the property information forms. Incomplete answers can lead to claims after the sale.
• Committing to a moving date before exchange.

Selling and buying at the same time

Most sellers are also buying. A sale and purchase quote gives you two linked quotes, one for each property, each with its own PDF, so you can see the cost of each side clearly.

Your conveyancer coordinates the two transactions so that both exchange together and, usually, complete on the same day. That way the money from your sale can go towards your purchase. If the dates cannot line up, talk to your conveyancer and mortgage adviser early about the options, such as renting for a while or bridging finance, a short-term loan that covers the gap.

Next steps

Get an instant sale quote in a few minutes. Selling a flat or another leasehold home? Use the leasehold sale quote so the extra work is included, and if you are selling on behalf of an estate, there is a probate sale quote too.

When you ask to go ahead, we introduce you to a regulated law firm, which confirms its fees in writing and sends its terms before any work starts. Instructing early, even before you accept an offer, gives your conveyancer time to prepare the contract papers, so you are ready when a buyer is.