Common Conveyancing Delays and How to Minimise Them

Buying or selling a residential property normally takes around 8-12 weeks but any delays in the process can mean a transaction takes much longer to complete than it otherwise might. There are a number of reasons conveyancing can be delayed and, while some of these are outside of the control of the parties involved, many can be reduced or avoided entirely with the right approach.

In this article, we cover common causes of conveyancing delays and how to minimise them, including property chains, issues with buyer queries and post-offer negotiations, difficulties with paperwork and mortgage applications, hold-ups with property searches and other conveyancing checks, properties requiring additional legal work, and communication issues between clients, estate agents and solicitors.

Need help with buying or selling residential property? Please contact Partner and Head of Residential Property Karen Fletcher who will be happy to advise.

Key points to know about reducing conveyancing delays

• Property chains are one of the biggest causes of conveyancing delays – it is important to be aware of whether you are in a chain, how big the chain is and what stage the other transactions are at
• Resolving buyer queries and wrangling over the details of a sale can add to the length of a transaction – talk to your solicitor as early as possible about any potential areas of concern and be pragmatic about which issues are really important to you
• Getting all of the right paperwork in place is essential to the progression of a transaction – your solicitor should be able to advise you at the outset exactly what you will need to help avoid the transaction being held up unnecessarily
• Problems with mortgage applications can often hold up a transaction – understanding a lender’s requirements and having all of the available information ready can help
• Which property searches and other conveyancing checks are needed and how long they take to complete can vary significantly based on the property and local authority – a conveyancing team with good local knowledge should be able to provide a realistic estimate of how long this might take and set your expectations
• Some properties will require additional legal scrutiny, for example leasehold properties, which can lengthen the process – a conveyancing team with broad expertise will be more likely to be able to handle such issues quickly and effectively
• Communication problems between clients, estate agents and conveyancing professionals can slow down a transaction – doing your research and picking a well-reviewed, reputable legal team to support you minimises the risk of such problems

Hiccups with property chains

A property chain happens where the buyer of a property is also selling their own property or vice versa. In many cases, multiple properties will be connected in a chain and an issue with any single transaction can impact the progress of all of the other transactions in the chain.

Before making or accepting an offer, it is worth checking if the other party is in a chain and how far along their transaction is. This can help you to be realistic about how this might affect the timescale for your own transaction.

For example, if you are selling and a prospective buyer has not yet found a buyer for their own property, there is no way of knowing how long this might take and, therefore, how long it might be before the buyer would be able to complete the purchase of your property.

Choosing a buyer who already has a buyer for their property or a seller who has already had an offer accepted on another property can help to give some confidence of how long your transaction may take.

Resolving buyer queries and post-offer negotiations

Once an offer has been agreed and draft contract sent by the seller’s solicitor, the buyer’s solicitor will usually need to raise queries to confirm any key details or clarify areas of uncertainty. There are also often negotiations over issues such as exactly what is included with the sale (e.g. fixtures and fittings, white goods etc.).

If these queries are not raised or answered promptly, it can hold up the exchange of contracts and slow down the whole transaction. Good communication with your solicitor can help to ensure these issues are resolved quickly. Make sure you discuss any particular concerns you have at an early stage so these can be addressed as soon as possible.

Another potential source of delay can be where the buyer and seller fail to agree on an issue e.g. whether a washing machine will be included in the sale.  It is important to be pragmatic about these issues and not allow a minor point to hold up the whole sale, but be firm on the things that do really matter.  Issues like this is also where your estate agents can assist, as they are able to speak directly to the parties and help to speed up negotiations.

Missing paperwork

You will generally need to provide a variety of paperwork as part of a property purchase or sale, such as identity documents and proof of funds.  As the seller, you will likely need to provide evidence for things such as any building works, boiler maintenance or Electrical Installation Condition Report (EICR) etc.

Speak to your solicitor and estate agent as soon as possible to make sure you know exactly what their requirements are. You can then make sure you have all of the necessary documents ready to go once needed.

Difficulties with mortgage lender applications

Mortgage lenders have strict requirements when it comes to the evidence you need to provide. As well as identity documents, you will also need to provide evidence of your income and outgoings. They will also want to see evidence of the source of your deposit and will review your credit history.

Delays can occur if buyers do not have the right evidence, so you should check your lender’s requirements in advance. You can then make sure that you have everything you need in a format the lender will accept. If you are unsure about any of this, your mortgage broker should be able to advise you.

Slow responses to property searches and conveyancing checks

While there are some standard checks that will be required for any property, such as local authority searches, what other checks are needed will depend on the property and area. The response times can also vary depending on the relevant authority and how busy they are at the time.

Choosing a conveyancing team with good local knowledge can give you an advantage here. They should have a good idea of what checks will be required and how fast response times are at the present time. They can thus give you a realistic estimate of how long this part of the process should take.

Additional legal checks

The exact amount of legal work involved in a transaction will depend on a number of factors, including the type of property and any specific issues that might affect it.

One of the most common causes of additional work being required is where a property is leasehold, and particular where the property is in a building over five storeys in height  Many smaller and newer conveyancing firms will have limited experience with more complex transactions and this can increase the risk of problems and delays.

Choosing a conveyancing team with both depth and breadth of experience means they are more likely to have previously handled any issues that might arise. This experience means they should be able to anticipate and efficiently work through any additional and more complex issues you might come across, minimising the risk of delays.

Communication breakdowns

One of the most commonly complained about issues in property transactions is difficulties with communication. This can occur between clients and their legal team or estate agents, as well as between different firms of solicitors and between solicitors and estate agents.

Any delays in responses or misunderstandings can really slow down a transaction and have the potential to cause ongoing problems even after a transaction is complete. In the worst-case scenario, bad communication can even cause a sale to fall through.

To reduce the likelihood of communication difficulties, it is really important to do your research and work with professionals who have a good reputation. Looking at reviews and professional accreditations can help, as can seeking personal recommendations from friends, family and other trusted sources.

How Longmores can help with fast, smooth and reliable residential conveyancing

At Longmores, we regularly help clients with buying and selling a wide range of residential property. Drawing on our many years of experience, we can anticipate potential delays and help to minimise their impact on your transaction. We also give you control over the progress of your transaction through our simple-to-use app that allows you to track every stage of the conveyancing process.

For expert support with all types of residential conveyancing transactions, please contact Karen Fletcher who will be happy to advise.

Please note, the contents of this blog are given for information only and must not be relied upon. Legal advice should always be sought in relation to specific circumstances.