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The Role of your Solicitor in the Conveyancing Process

When it comes to buying or selling property, the process can often seem daunting and complex. The conveyancing process—transferring legal title of property from one person to another—requires meticulous attention to detail and a comprehensive understanding of local laws. Here, the role of a solicitor in conveyancing is indispensable. A solicitor not only ensures that the transaction complies with all legal requirements but also safeguards the interests of their clients throughout the process. This is why, in Northern Ireland, a solicitor is vastly important to the conveyancing process.

Kempton Redman Law - Conveyancing Process

What is Conveyancing?

Conveyancing is the legal process that involves the transfer of property ownership. It encompasses various stages, from the initial agreement to the final transfer of funds and registration of the new ownership. This process is crucial to ensure that the buyer obtains a clear title to the property, free of any encumbrances or legal issues that could affect their ownership. View our property & conveyancing section here.


Kempton Redman Law - Conveyancing Process

The Role of a Solicitor in Conveyancing


Initial Consultation and Instruction The conveyancing process begins when a client engages a solicitor. During the initial consultation, the solicitor will explain the process, outline their quote, and gather essential information about the property transaction. This stage is critical for setting clear expectations and ensuring that the solicitor understands the client's needs and objectives.


Conducting Searches One of the solicitor's primary responsibilities is to conduct various searches to uncover any potential issues with the property. These searches typically include examples such as:

  • Title Search

  • Land Registry Search

  • Local Authority Search


Drafting and Reviewing Contracts Once the preliminary checks are complete, the solicitor will draft or review the contract of sale. This contract outlines the terms and conditions of the transaction, including the purchase price, property boundaries, fixtures and fittings, and any special conditions. The solicitor ensures that the contract is fair, accurate, and legally binding, protecting the client's interests.


Negotiating Terms If any issues arise during the search process or contract review, the solicitor will negotiate with the other party's solicitor to resolve them. This may involve negotiating terms, addressing concerns about the property's condition, or arranging for repairs or price adjustments. The solicitor's role as a negotiator is crucial in achieving a satisfactory agreement for their client.

Kempton Redman Law - Conveyancing Process

Handling Financial Transactions Solicitors manage the financial aspects of the conveyancing process. For buyers, this includes ensuring that the deposit and purchase funds are transferred securely and on time. For sellers, the solicitor handles the receipt of funds from the buyer and the repayment of any existing mortgages or charges on the property. This aspect of the role requires a high level of precision and trustworthiness.


Facilitating Exchange of Contracts The exchange of contracts is a pivotal moment in the conveyancing process. Once both parties are satisfied with the terms and all conditions are met, the solicitors will exchange signed contracts. This exchange legally binds both parties to complete the transaction. The solicitor ensures that the exchange is conducted correctly and that all necessary documentation is in place.


Completion and Post-Completion On the completion date, the solicitor will oversee the transfer of the remaining funds and ensure that the buyer receives the keys to the property. The solicitor will also handle the payment of Stamp Duty Land Tax (SDLT) and ensure that the change of ownership is registered with the Land Registry. Post-completion, the solicitor will ensure that all documents are properly filed and that the client receives copies of the final paperwork.


Why Engage a Solicitor?

Engaging a solicitor for the conveyancing process in Northern Ireland is a legal requirement. But making sure that you choose the right solicitor for you is also highly important. The conveyancing process is fraught with potential pitfalls and legal intricacies that can have significant financial and personal implications. A solicitor's expertise ensures that all legal aspects are thoroughly addressed, reducing the risk of future disputes or issues with the property.


Conclusion

When it comes to the Conveyancing Process, a solicitor is legally required to carry out the process. You should also be aware that not all solicitors carry out conveyancing, or if they do, carry it out on a daily basis. Ensure, when buying or selling a property, you choose a solicitor that you can connect with, and also carry out the needs and wants of you, the client. At Kempton Redman Law, we are conveyancing specialists and carry out the conveyancing process on a daily basis.


Our solicitors have an avid knowledge of most housing developments and the local Co. Armagh area, which is a huge benefit for our clients. Contact us today if you have any questions or would like a quote for conveyancing.


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