Do I Need a Solicitor to Buy a House?

However you’re buying your home, you’ll need a solicitor to purchase a property.

Your solicitor - also known as a conveyancer - handles the mortgage transaction on your behalf, and protects you legally during the house-buying process. It can be confusing if you’re not sure what’s involved.

In this guide, we’ll explain all there is to know about using a solicitor for a mortgage. 

Why do I need a solicitor to buy a house?

In short, when large amounts of money are exchanged, you need a professional to handle the transaction on your behalf. Your home is likely the biggest purchase you’ll ever make, so you’ll need some help and professional support. 

Your solicitor (also referred to as a conveyancer) acts as your representative, carries out various searches on the property to find out things like planned developments in the area, local authority searches and other research to make sure everything’s as it should be before you buy.

What’s the difference between a solicitor and a conveyancer?

In the context of your mortgage, there’s no difference between a solicitor and a conveyancer - they’ll do the same thing. Conveyancing is the specific part of law that deals with buying and selling homes. Conveyancers are property specialists that don’t deal with other complex legal issues, while solicitors can offer a full range of legal services.

Why do I need a solicitor as well as a mortgage broker?

Brokers act as a guide through the mortgage process, but they can’t do the legal paperwork. Property purchases are big and complex transactions, which is why they need to be handled by dedicated legal professionals.

Do I need a solicitor if I’m buying cash?

Yes, even if you’re a cash buyer, you’ll still need to instruct a conveyancer to handle the legal aspects of the house sale. They’ll also need to liaise with the seller’s solicitor. 

Do I need a solicitor to buy my council house?

Yes, you’ll need a solicitor if you’re buying your council home through the government's Right to Buy scheme.

What does a conveyancer do?

When you instruct a conveyancer, they’ll get to work on your behalf sorting the legal side of your property purchase. But what does that actually involve? 

Your mortgage solicitor's role is to:

1. Examine the draft contract and supporting documents, and raise any queries with the seller’s solicitor

2. Carry out ‘property searches’ to find any planned construction works, previous issues with the property and surrounding areas, checking flood risks, and reviewing the title deeds.

3. Go through the conditions of your mortgage 

4. Agree with the seller’s solicitors what fixtures and fittings will be included in the sale

5. Arrange the exchange of legal contracts

6. Handle the mortgage deposit on your behalf

7. Handle the mortgage funds and pay the seller’s solicitors on your behalf

8. Pay any stamp duty owed on your behalf 

9. Notify the Land Registry of the property’s change in ownership

10. Transfer the deeds into your name

How much does a conveyancer cost?

Mortgage solicitor fees can vary depending on who you go to and how tricky your purchase is, but an average conveyancing fee in the UK starts from around £1,500. You’re paying for the solicitor’s time and for third party services such as Land Registry fees. 

Can you add solicitor fees to a mortgage in the UK?

No, you’ll need to pay your mortgage solicitor’s fees separately from your mortgage. Some mortgage companies will allow you to add any of their own fees to your mortgage, but conveyancing fees and building surveys will need to be paid separately. See the costs involved when buying a house.