Selling your Property? How instructing your Solicitor early can save time and stress.

Below is an outline of what can be done before an offer is accepted.

Choosing your Solicitor

You probably considered several Estate Agents before putting your Property on the market. You should take the same approach to instructing a Solicitor. Just because your Estate Agent recommends a Solicitor does not mean they are the best fit for you. Similarly, you should not choose your Solicitor purely based on price. You should take your time to obtain quotes and talk to the people who will be acting for you. If you struggle to get through to them at the quote stage, this may indicate that you will struggle when they are instructed. Also, if it is not a ‘standard’ sale, i.e. involving Shared Ownership, Unregistered Land, or a Court Order, you need to ensure your Solicitor is experienced in dealing with this.

Formalities

After instructing your Solicitors, you will need to undertake ID checks, sign a Client Agreement and provide more details about you and the sale. Regulations regarding ID are becoming increasingly strict, with most Solicitors now, at a minimum, asking for photo ID and address ID as well as conducting an online check. Problems with ID can often take several days to rectify; therefore, the sooner they are identified, the better.

Protocol Forms

You will need to complete several Forms that form part of the Contract Pack for the Buyer, including;

• TA6 Property Information Form, providing information about the Property, such as boundaries, building work and utilities.
• TA10 Fittings and Contents Form, a list of the items you are including in the sale.
• TA7 Leasehold Information Form (if you are selling a flat), providing further information about leasehold aspects, such as Service Charges and shared facilities.

These documents are long and detailed, meaning they can take a while to complete. However, they must be completed thoroughly and accurately to stop further questions from being raised later. You must complete the forms as they form part of the contract. Following completion of the sale, if you have provided incorrect information, the Buyer could sue you for misrepresentation.

Documents

The Protocol Forms will refer to other documents you have to provide, such as planning permissions, guarantees and boiler service documents. These can take time to locate; you may have to request a replacement if you no longer have a copy.

Management Packs

If you are selling a leasehold property, such as a flat, you will have to obtain a Management Pack – known as an LPE1. This is provided by the Landlord and Managing Agent, who will charge a fee. It can take several weeks, and even months, for this to be provided; therefore, the sooner it is requested, the better.

By having all of the above organised before an offer is accepted, your Solicitor can review it and advise you upfront of any potential issues or what you should deal with now, which can reduce delays later. It also means the Contract Pack can be sent to your Buyers’ Solicitors as soon as the Buyer instructs them.