When Should I Instruct My Conveyancer?
Congratulations, your offer has been accepted.
It's an exciting milestone, but it's also the point where many buyers ask the same question:
"Should I wait until my mortgage offer arrives, or should I instruct my conveyancer now?"
The simple answer is that, in most cases, you should instruct your conveyancer as soon as your offer has been accepted.
Whilst we can't begin investigating the legal title until we receive the contract papers from the seller's conveyancer, there's a great deal we can do behind the scenes to prepare your transaction.
Starting early means we're ready to begin legal work as soon as the paperwork arrives, helping to avoid unnecessary delays later in the process.
The Short Answer
Ideally, you should instruct your conveyancer as soon as your offer has been accepted.
The earlier we're instructed, the sooner we can complete the important preparation work needed before the legal investigation begins.
Think of it as preparing for a journey.
You can't leave until everyone is ready, but there's no reason to wait before packing your bags.
The Explanation
Many people assume that conveyancing starts when contracts arrive from the seller's solicitor.
In reality, a lot happens before then.
Once you're ready to proceed, the estate agent will usually issue a Memorandum of Sale confirming the agreed price and the details of both parties' conveyancers.
As soon as we're instructed, we can begin preparing your file.
This usually includes:
- verifying your identity;
- completing our Anti-Money Laundering checks;
- discussing your deposit and Source of Funds;
- obtaining details of your mortgage lender (if applicable);
- sending you your client care documents;
- answering any questions you may have about the process.
Whilst we're completing these steps, your mortgage lender can be assessing your application and the seller's conveyancer can be preparing the contract papers.
Rather than one person waiting for another to finish, several parts of the transaction are often progressing at the same time.
By the time the contract papers arrive, we'll already have much of the groundwork completed, allowing us to begin investigating the property without unnecessary delay.
Common Questions
Can I instruct a conveyancer before my offer has been accepted?
Yes.
Some buyers prefer to have everything in place before they start making offers, particularly if they're actively searching for a property.
However, most people instruct their conveyancer once their offer has been accepted.
What if I don't have my mortgage offer yet?
That's perfectly normal.
Your mortgage lender and your conveyancer usually work on different parts of the transaction at the same time.
Waiting for your mortgage offer before instructing your conveyancer often means valuable preparation time is lost.
Will instructing my conveyancer early make the transaction quicker?
No one can guarantee how long a property transaction will take because it depends on many different people and organisations.
However, instructing your conveyancer early means the work that can be done is completed as soon as possible, helping to avoid delays once the legal investigation begins.
Will I be paying for work before anything has happened?
Your conveyancer will explain their terms of business, any money requested on account and when costs become payable.
Every firm works slightly differently, so if you're unsure, simply ask before instructing your conveyancer.
Top Tip
Don't wait until your mortgage offer arrives before returning your paperwork.
Completing your identification checks and providing your Source of Funds information early means your conveyancer is ready to begin work as soon as the contract papers are received.
Did You Know?
It's quite common for several parts of a property transaction to happen at the same time.
Whilst your mortgage lender is assessing your application, your conveyancer may already be completing compliance checks, opening your file and preparing to investigate the legal title.
This parallel approach helps keep the transaction moving efficiently.
Common Misconception
"Nothing can happen until my mortgage offer arrives."
Not quite.
Although your mortgage offer is an important part of the transaction, there is often a significant amount of preparation that can be completed beforehand.
Starting early means you're less likely to lose valuable time later.
The MA Lawyers Approach
At MA Lawyers, we believe that a well-prepared transaction is usually a smoother transaction.
From the moment you instruct us, we'll begin carrying out the initial legal and compliance work needed to prepare your purchase. We'll explain exactly what we need from you, why we need it and how providing information promptly can help keep your transaction moving.
We'll also keep you informed throughout the process, so you'll understand not only what is happening, but why it's happening.
Our aim is to ensure that, when the contract papers arrive, we're ready to begin the legal investigation without unnecessary delay.
Related Articles
- What Is Conveyancing?
- My Offer Has Been Accepted – What Happens Next?
- What Happens Once My Conveyancer Receives the Contract Papers?
- Why Are You Asking Me for So Much Information? (Money Explained)
- What Searches Will My Conveyancer Carry Out?