The Legal Steps to Selling Your Home

Selling a home involves more than preparing your property—it’s a legal journey with clear stages you and your solicitor will work through together. Here’s what to expect, from listing to completion. 

1. Instructing Your Conveyancer

What happens:
As soon as you’re ready to market your property, appoint a solicitor or licensed conveyancer. They’ll act as your legal representative throughout the sale. 

 

Why it matters:
Early instruction means your solicitor can prepare legal paperwork, pull together vital documents, and liaise efficiently with your buyer’s legal team. 

Your actions: 

  • Provide ID and proof of ownership. 
  • Agree fees and sign a Letter of Engagement. 
  • Share early mortgage details if applicable (e.g., outstanding balance, lender information). 

2. Gathering Key Documents

Before you list, your solicitor will request: 

  • Title deeds or Land Registry title 
  • Property information form (TA6) 
  • Fixtures & fittings list (TA10) 
  • Leasehold information pack (if applicable) 
  • Energy Performance Certificate (EPC) 
  • Planning consents, building regulations, and warranties (e.g., new windows, extensions) 

 

Why it matters: Having these documents ready prevents delays once a buyer is found. 

Your actions: 

3. Receiving an Offer & Draft Contract

Once your home is under offer, your solicitor prepares a draft contract, incorporating title documents along with additional supporting evidence. 

 

What it includes: 

  • Contract draft identifying property and parties 
  • Title documents 
  • Property information forms 
  • Replies to buyer’s solicitor’s preliminary questions 

 

Why it matters: This sets the groundwork for legal exchange and structure of the transaction. 

Your actions: 

  • Review and confirm accuracy of the forms. 
  • Provide any further details requested (e.g. boundary easements, shared driveway agreements). 

4. Enquiries from Buyer’s Solicitor

The buyer’s legal team will raise queries—known as pre-contract enquiries—to clarify: 

  • Title issues (e.g., easements or restrictive covenants) 
  • Boundaries 
  • Shared services (e.g., drains, driveways) 
  • Leasehold matters (ground rent, service charges) 
  • Guarantees (e.g., boiler, roof, décor work) 

 

Why it matters: Clear and thorough responses help avoid delays later on. 

 

Your actions: 

  • Collaborate with your solicitor to gather accurate answers. 
  • Request neighbour co-operation for boundary questions, if needed. 

5. Drafting & Reviewing the Final Contract

Once enquiries are settled, and your title and forms are in order, your solicitor finalises the contract. This includes: 

  • Agreed price 
  • Any special conditions (e.g., fixtures retention, timings) 
  • Deposit amount and timeline 
  • Completion date 

Your actions: 

  • Review and sign the contract. 
  • Confirm completion date matches your moving plans. 

6. Exchange of Contracts

This is the legal turning point: 

 

Why it matters: From this point forward, completion date is fixed and legally enforceable. 

 

Your actions: 

  • Ensure financial and timing plans (e.g., booking removal vans) are in place. 
  • Set up interim building insurance if appropriate (insurance cover often shifts to buyer post-exchange in some cases). 

7. Between Exchange and Completion

In the days or weeks leading up to completion: 

  • Your solicitor submits your deed plans to Land Registry for the buyer’s solicitor. 
  • Mortgage redemption figure is requested (if you have a mortgage). 
  • Arrangements are made for discharge of any charge over the property. 
  • Utility meters readings are taken on completion day. 

 

Why it matters: These administrative steps secure clean title transfer and transfer of funds. 

 

Your actions: 

  • Do a final property walk-through, leave keys appropriately. 
  • Confirm utilities are switched off/transferred, redirect post. 

8. Completion Day

The moment you’ve worked toward: 

  • Your solicitor sends funds to your buyer’s solicitor. 
  • Ownership officially transfers. 
  • Keys are handed over, and you vacate the property. 

Why it matters: Once funds are received, your sale is complete and binding. 

 

Your actions: 

  • Have moving logistics ready (van, packing, new property). 
  • Conduct a final check to ensure nothing is left behind. 

9. Post-Completion Procedures

After completion, your solicitor will: 

  • Redeem your mortgage. 
  • Provide you with ID of Title or confirmation of legal ownership transfer. 
  • Settle any estate agent, energy, and final utility bills. 
  • Send final completion statement—confirming all funds and costs. 

 

Your actions: 

  • Store the Letter of Title or legal documentation in a safe place. 
  • Confirm your solicitor has retained required documents, with originals returned. 

Frequently Asked Questions 

Can I back out after exchange?
Usually not—after exchange, contracts are binding and may involve financial penalties or legal action if you withdraw. 
How long does it all take?
From instruction to completion, typically 10–14 weeks, dependent on chain length and responsiveness.
Who pays solicitor fees?
The seller usually covers their own legal costs; sometimes buyers split costs in shared services or bespoke agreements.
What are "chattels"?
Items like curtains, light fittings, and fridges that may be excluded from the sale—will be listed in the Contract and Fixtures & Fittings form.
When do I pay Capital Gains Tax?
CGT only applies to private sales (e.g., second homes). Payment is due within 60 days of completion under new rules.

Why the Right Conveyancer Makes a Difference 

  • Eliminates risk: Spotting hidden legal issues—rights of way, restrictive covenants, planned development—that could affect your sale. 
  • Saves time and stress: Coordinating the chain, communications, and completion logistics effortlessly. 
  • Maximises protection: Ensures you’re not inadvertently liable for post-completion issues. 
  • Offers peace of mind: A trusted professional handling each detail—so your focus stays on the next chapter of your journey. 

 

Selling a property is more than finding a buyer—it’s a legal process that requires clarity, timing, and expert oversight. By understanding each stage—from paperwork to a binding contract—you’ll avoid surprises and stay in control. 

The process in a nutshell: 

  1. Instruct your conveyancer. 
  2. Gather essential documents. 
  3. Draft and review the contract. 
  4. Respond to buyer enquiries. 
  5. Finalise and exchange contracts. 
  6. Prepare for completion day. 
  7. Wrap up post-completion tasks. 

With the right solicitor guiding you—one who communicates clearly and acts promptly—you can successfully navigate your sale and move forward with confidence. 

 

Need help choosing the right conveyancer or want to know how to find the best legal partner for your sale? We’d be happy to help you get started.