Hiring a conveyancing solicitor or real estate lawyer
Buying or selling a home involves a legal transfer of ownership, and in most places someone qualified has to handle it. Who that is, and what they charge for, depends heavily on where the property is. This guide covers the main options in England and Wales, the US, Canada and Australia, how the fees are usually structured, and what to ask before you sign up. It is general information, not legal advice for your situation.
England and Wales: solicitor or licensed conveyancer
In England and Wales the legal side of a property sale or purchase is called conveyancing. You can use a solicitor, who is regulated by the Solicitors Regulation Authority (SRA), or a licensed conveyancer, who is regulated by the Council for Licensed Conveyancers (CLC). Both can do a standard residential purchase or sale. A solicitor may be the better fit if there is something unusual alongside the move, such as a divorce, a probate sale, a lease with problems or a dispute over boundaries.
If you are buying with a mortgage, check that the firm is on your lender's panel. Lenders usually instruct the same conveyancer to act for them as well, and a firm that is not on the panel can mean a second firm, extra cost and extra delay.
Scotland has a different legal system and a different buying process, with solicitors handling offers and the exchange of formal letters between the parties. Northern Ireland also has its own procedures. If your property is outside England and Wales, look for a local solicitor rather than assuming the same steps apply.
United States: real estate attorneys vary by state
Whether you need a real estate attorney in the US depends on the state. Some states expect an attorney to conduct or be involved in the closing. In many others, closings are commonly handled by a title company or an escrow agent, and buyers and sellers only bring in an attorney when something is complicated, such as a contract dispute, a title defect, a for-sale-by-owner deal or an estate sale.
Because practice differs so much, ask your state bar association or a local real estate professional what is normal where you are buying. Even where an attorney is not required, paying one to review the purchase contract before you sign can be worth it, since that contract sets most of your rights and deadlines.
Title insurance is a separate product you will often see on US closing statements. A lender's policy is usually required with a mortgage; an owner's policy is optional in many places. Ask what each line on the closing estimate is for.
Canada: lawyer, or notary in Quebec
In most of Canada a real estate lawyer handles the transfer, registers the title, deals with the mortgage paperwork and holds the funds in trust. In Quebec, property transactions are handled by a notary, who has a much wider legal role there than notaries do elsewhere in North America. In British Columbia, notaries public can also handle many residential transactions. Check with the law society for your province if you are unsure who is allowed to act.
Australia: conveyancer or solicitor
In Australia you can generally use a licensed conveyancer or a solicitor. Licensing is done by each state and territory, and the rules are not the same everywhere; in some places conveyancing is mainly or only done by solicitors. Check the relevant state body or law society register before you engage anyone, and ask whether they are familiar with the contract and settlement process in your state.
How fees are structured
Quotes usually split into the firm's fee and money passed on to others, and comparing them only works if you look at every part.
- Legal fee. The firm's own charge for the work. Many conveyancers quote a fixed fee for a standard transaction, sometimes with extra charges for leasehold, new builds, shared ownership, a second mortgage lender or a gifted deposit.
- Disbursements. Money the firm pays out to third parties on your behalf, such as search fees, Land Registry or land titles registration fees, and identity checks. These are passed on to you and should be listed line by line.
- Taxes. Property transfer taxes, such as Stamp Duty Land Tax in England, land transfer tax in parts of Canada or stamp duty in Australian states, are usually collected and paid through your conveyancer. They are not the firm's fee, but they sit on the same bill.
Ask whether the quote is "no completion, no fee" or whether you pay something if the deal falls through. Ask too what happens to the fee if the transaction turns out to be more complex than expected.
Searches and what they are for
When you buy, your conveyancer will usually order searches. In England and Wales the common ones are a local authority search (planning history, road schemes, building control records), a drainage and water search, and an environmental search. Others depend on the area, such as mining or flood searches. Your lender may insist on some of them.
Searches are not the same as a survey. A survey looks at the physical condition of the building and is arranged separately, usually by you. Your conveyancer reads the legal documents; they will not tell you whether the roof needs work.
In the US, the equivalent work is the title search, carried out by the title company or attorney, which checks for liens and ownership problems. In Canada and Australia, your lawyer or conveyancer runs title and other searches as part of the process.
What slows things down
Most delays are not caused by one person being idle. They tend to come from:
- Long chains where every sale depends on another one completing.
- Slow responses to enquiries, especially on leasehold properties where the managing agent or freeholder has to supply information.
- Missing paperwork, such as building regulations sign-off or guarantees for past work.
- Searches taking longer in some council areas.
- Mortgage offers expiring or needing reissue.
- Clients not returning forms, ID documents or proof of funds quickly.
You can control the last one. Fill in the property information forms promptly, send ID and source of funds evidence as soon as you are asked, and keep a copy of everything you send.
Questions to ask before you instruct a firm
- Are you a solicitor or licensed conveyancer, and which regulator can I check you with?
- Are you on my mortgage lender's panel?
- Who will actually handle my file, and how do I reach them?
- Is the quote fixed, and what would make it go up?
- Can you list every disbursement and tax separately?
- Do I pay anything if the purchase or sale falls through?
- How often will you update me?
- How do you protect against payment fraud when I send money?
Protect yourself from payment fraud
Property deals involve large transfers, and criminals target them with fake emails that look like they come from your conveyancer, announcing "new bank details". Agree at the start how bank details will be confirmed. Before sending any significant amount, phone the firm on a number you found independently, not one in the email, and confirm the account. A good firm will tell you it never changes bank details by email.
Comparing quotes line by line
Put the quotes side by side and check each one covers the same things: legal fee, every disbursement, tax, and any supplements. A low headline fee with many extras can end up costing more than a higher fee that includes them. Online-only firms can be cheaper but may offer less contact with one named person.
For more on fee structures generally, see how to choose a lawyer and understand their fees. If you are also arranging a survey or work on the new home, our guide to getting quotes uses the same side-by-side approach.