Fact 18. What are the common pitfalls to avoid during the conveyancing process?

Avoiding delays and costly mistakes when buying or selling property: key conveyancing errors to watch out for and how to prevent them.

Buying or selling a home is one of the most important financial transactions most people will ever undertake. Conveyancing is the legal process of transferring ownership of property from one party to another, and while it can appear straightforward at first glance, there are numerous potential pitfalls that can cause unnecessary delays, stress, or even financial loss. Many of these problems are avoidable with the right preparation, information, and legal guidance. This article explores the most common conveyancing errors and how to avoid them.

The conveyancing process involves several stages: the instruction of solicitors or conveyancers, property searches, the review of contracts, dealing with the mortgage lender, exchange of contracts, and finally completion. Each stage requires care and attention to detail. A single misunderstanding or missed step can create complications that take weeks to resolve or, in some cases, lead to the transaction falling through completely.

Delays in providing or responding to information, not verifying key property details, overlooking local restrictions or covenants, and failing to anticipate costs are among the most common causes of difficulty. Buyers and sellers alike can take a proactive role in helping their transaction run smoothly by understanding these potential risks.

Typical pitfalls in conveyancing can be grouped into three main areas: administrative issues, legal oversights, and financial or practical missteps.

Administrative pitfalls often arise early in the process when clients delay in supplying necessary forms or proofs of identification. Legal pitfalls tend to occur in connection with the property’s title, boundaries, or covenants, while financial pitfalls include underestimating fees or missing important deadlines related to mortgage offers or completion funds.

Below are the most frequently encountered pitfalls and practical tips on how to avoid them.

Delays in instructing a conveyancer

One of the most common mistakes people make is waiting too long to appoint a conveyancer. It is best to instruct a conveyancer as soon as you decide to buy or sell, ideally before accepting or making an offer. The earlier you engage a legal representative, the sooner they can start the preliminary checks and paperwork, such as verifying your ID to comply with anti-money laundering rules and obtaining the title deeds.

A delay in instruction can easily cause the chain to stall. Even a few days of lost time can have knock-on effects, especially if other parties are ready to proceed. Early preparation means your solicitor can also identify potential title or planning issues before these become urgent.

Incomplete or inaccurate Property Information Forms

Sellers are required to complete a set of standard forms about the property, such as the Property Information Form (TA6), Fittings and Contents Form (TA10), and Leasehold Information Form (TA7) if applicable. Providing incomplete or inaccurate information is one of the main sources of delay or later dispute.

Buyers rely on these forms to understand what exactly is being sold, whether there are any boundary disputes, neighbour problems, or alterations that required planning permission. Mistakes can lead to misunderstandings, price renegotiations, or even claims for misrepresentation after completion.

Take care when completing these forms. Double-check fixtures, appliances, and any alterations with permissions. Be transparent about known problems such as damp, flooding, or shared access, as full disclosure offers the best protection later on.

Missing or outdated identification documents

Conveyancers and lenders must comply with anti-money laundering regulations. This means verifying the identity, address, and source of funds for all parties. Missing or invalid documents can hold up progress at the start of the transaction.

Ensure your passport or driving licence is up to date, and have recent utility bills or bank statements ready. If you are relying on gifted money or funds from overseas, notify your conveyancer early so the necessary evidence can be gathered.

Failure to check mortgage arrangements in time

A common source of delay occurs when the buyer’s mortgage offer has not yet been issued or is close to expiring. Mortgage lenders carry out their own checks, including valuations and affordability assessments, which can take several weeks.

Without a formal mortgage offer, contracts cannot be exchanged. To avoid issues, buyers should apply for their mortgage immediately after their offer is accepted. If the process appears to be taking longer than expected, confirm regularly with both your lender and solicitor.

Overlooking searches or survey results

Property searches carried out by the conveyancer are essential in revealing potential issues that might not be immediately visible. Local authority searches, water and drainage reports, and environmental searches can uncover problems such as planning restrictions, nearby developments, flood risk, or lack of proper drainage connections.

Sometimes buyers are tempted to proceed without full searches, especially in cash purchases, to save time or cost. This is risky. Skipping searches could mean inheriting liabilities or discovering expensive problems later. Similarly, ignoring survey reports or failing to act on recommendations may result in costly repairs once ownership transfers.

Not reading or understanding the contract terms

Every conveyancing contract contains important legal terms about the property boundaries, fixtures and fittings, and any rights or restrictions affecting use. Overlooking clauses in the contract or misunderstanding them can lead to disputes after completion.

For instance, a restrictive covenant might forbid certain alterations or commercial use. A right of way might allow neighbours to cross part of the land. Your conveyancer should explain these clauses in plain English, but it is crucial to ask questions if anything is unclear before signing.

Ignoring leasehold complexities

For leasehold properties, there are additional layers of legal and financial responsibility. The buyer does not own the land itself but holds a lease from a freeholder. Many pitfalls in leasehold conveyancing arise from not understanding the remaining lease term, service charge liabilities, or restrictions in the lease.

If the remaining lease is under 80 years, the property may lose value or become harder to mortgage. Buyers should ask their conveyancer to review the lease carefully, check ground rent terms, and verify the management company’s financial and maintenance records.

Failure to do so could see buyers facing unexpected charges or disputes with freeholders after the sale completes.

Overlooking planning permissions and building regulations

Any structural changes or extensions to a property must normally comply with planning permission and building regulations. Sellers sometimes assume older works do not need documentation, but lack of proper consent can create problems.

Conveyancers should verify whether the necessary permissions exist for additions such as loft conversions, conservatories, or electrical work. If paperwork is missing, it may be necessary to arrange an indemnity insurance policy to protect against enforcement action. Buyers should be especially cautious where changes appear recent or where warranties, such as FENSA certificates for windows, are missing.

Underestimating the time needed for the process

One of the most frustrating aspects of conveyancing is delay. Many buyers and sellers underestimate how long the process takes, assuming completion will occur within a few weeks. In reality, most transactions in England and Wales take between 8 and 16 weeks, depending on the chain length and complexity.

Unexpected issues such as missing documents, slow responses from third parties, or search delays can easily extend this. Over-optimistic timelines can cause tension, particularly where buyers must coordinate removals, mortgage deadlines, or notice periods. A realistic schedule agreed early on helps avoid unnecessary stress.

Failure to manage the property chain

Where several linked transactions depend on each other, one delayed sale can hold up everyone. Failure to communicate or update other parties regularly can lead to broken chains. Working closely with your conveyancer and estate agent to keep all sides informed helps maintain momentum and reduces the risk of withdrawal.

Lack of communication with your conveyancer

Some clients only check in with their solicitor occasionally, which can result in missed messages or overlooked paperwork. The best results come from open, clear communication.

Respond to requests promptly and follow up if you are uncertain about progress. Confirm whether your solicitor prefers contact by phone or email, and keep all documentation organised for easy reference. Clear and timely responses often mean the difference between a smooth and a stressful transaction.

Unclear or missing completion funds

Before completion, the buyer’s conveyancer must receive cleared funds for the purchase price, stamp duty, and legal fees. If transfer deadlines or bank limits cause delays, completion may fail, which can lead to financial penalties.

To avoid this, confirm with your bank the daily transfer limit and allow time for funds to clear. Keep communication open with your solicitor about the timing of mortgage release and any contribution from savings or gifts.

Overlooking final checks before exchange

Once contracts are exchanged, the transaction becomes legally binding. At that point, withdrawing means losing your deposit or facing legal action. Therefore, it is crucial to ensure all details are correct before exchange.

Review key aspects carefully:

-  Confirm the agreed completion date works for both parties.

-  Ensure fixtures and fittings listed match what has been agreed.

-  Double-check the amount of the deposit and mortgage arrangements.

-  Verify that search and survey results have been reviewed and accepted.

Failing to confirm any of these details may result in surprises after exchange, which could have been easily avoided with a final check.

Not accounting for all costs

One of the frequent frustrations during conveyancing occurs when buyers or sellers underestimate total costs. Besides the purchase price, there are conveyancing fees, Land Registry fees, mortgage arrangement fees, search costs, and stamp duty (if applicable). Leasehold properties may also include apportionments for ground rent or service charges due around completion dates.

Your conveyancer should provide a clear estimate at the start, but it is essential to budget with some flexibility. Having a small contingency prevents last-minute shortfalls.

Ignoring post-completion matters

The conveyancing process does not truly finish on completion day. The buyer’s conveyancer still needs to register the new ownership with HM Land Registry, pay stamp duty, and notify the lender. If outstanding documents or funds are delayed, registration can take longer and impact future sales or remortgage plans.

Keeping copies of final statements and registration documents for your records is good practice. Sellers should also retain confirmation that their mortgage has been discharged fully.

Summary of key steps to avoid pitfalls:

-  Instruct a conveyancer early.

-  Prepare identification and financial documents before they are requested.

-  Complete all property forms accurately and honestly.

-  Read the contract in full and ask about any unclear terms.

-  Check planning permissions, building regulations, and warranties.

-  Keep open communication with your conveyancer and estate agent.

-  Ensure all funds and mortgage arrangements are in place before exchange.

-  Maintain realistic expectations about timing and costs.

By understanding and avoiding these common pitfalls, both buyers and sellers can make the conveyancing process far smoother and more predictable. A well-prepared client who responds quickly and stays engaged is far less likely to experience major delays or disputes. Conveyancing may involve detailed legal work, but with organised planning and clear communication, it can proceed efficiently from offer through to completion.