Do I need a solicitor to sell my house for cash in 2024?

When selling your house, the process usually involves three key stages: preparation, agreeing on a sale, and conveyancing — with conveyancing often being the most time-consuming. 

Conveyancing is handled by a solicitor or licensed conveyancer, who manages the legal transfer of ownership from one party to another. If the transaction is straightforward, it can be completed relatively quickly, but more complicated cases, such as inherited estates, can become complicated and drawn out.

When selling your house for cash, where speed is king, using a specialist solicitor experienced in fast transactions is vital to ensuring a smooth sale. That’s why we always recommend either choosing from our panel of solicitors or using your own solicitor when selling your home to The Property Buying Company.

Key takeaways

• While it’s not legally required to hire a solicitor to sell your house for cash, it is highly recommended due to the complexity of the process.

• Cash buyers still need solicitors to handle legal proceedings, even though some aspects of the sale, like mortgage applications and surveys, may be bypassed.

• The Property Buying Company will cover all your selling and legal fees, meaning you don't need to pay a penny to solicitors.

Do I need a solicitor to sell my house?

Technically, you are not legally required to hire a solicitor when selling your house. Some people choose to handle the process themselves, a method known as DIY conveyancing. However, while this might seem like a cost saving option, most estate agents, cash buyers and property auctioneers will strongly advise against it.

There are several reasons why hiring a solicitor or conveyancer is highly recommended. First and foremost, the process of transferring legal ownership of your home involves a complicated series of steps, including preparing and reviewing contracts, handling the transfer of funds and conducting important searches with local authorities. 

Without proper legal guidance, you may miss important details or make eros that could delay the sale or expose you to legal risks. 

If your home is part of a more complex estate, for example, if there are shared ownership issues, boundary disputes, or restrictions on the title, a solicitor is important to help navigate and resolve these challenges. They can also assist in cases where there are outstanding charges or encumbrances on the property, ensuring everything is in order before the sale proceeds.

Mistakes in the conveyancing process can be extremely costly, not only in terms of time and money but also due to potential legal repercussions. Future homeowners or third parties may have grounds to take legal action against you if issues arise after the sale, particularly if the paperwork wasn’t handled correctly. 

At what point do you need a solicitor when selling a house?

We would always recommend that you appoint a solicitor sooner rather than later to ensure that your property and documents are ready to go. Ideally, you would want to instruct a solicitor at the same time you instruct an estate agent.

If you are selling your house via The Property Buying Company, then we have a panel of solicitors located across the country who can work to our extremely fast timeline and high standards. We will cover the costs of your legals if you use our panel of solicitors. You can still use your own solicitor when you sell with us, we just won't cover the legal fees.

Will my cash house buyer need a solicitor?

With a cash house buyer, the selling process is changed quite significantly. The conveyancing process is no different – as a cash buyer doesn’t require a mortgage and some don’t bother with searches and a survey this takes out two huge steps, leading you to question whether a cash buyer actually needs a solicitor?

Well, whilst a cash buyer does mean a large amount of the selling process is different, there’s no difference in that a cash buyer will still require a solicitor just like a traditional buyer would.

A cash buyer will still need a solicitor to take care of the legal proceedings, as a buyer isn’t allowed to directly speak to a seller’s solicitor, and it’s still encouraged that cash buyers get a survey and search on the property they’re buying.

Whilst there’s no obligation for a cash buyer to get this, it’s still encouraged as it’s important to know the condition of the property being bought and also the valuation of the property according to an external surveyor, in order to be sure the cash buyer isn’t paying too much.

Property surveys and searches will also highlight any issues that are important for the buyer to know about that could potentially lead to negotiations on the sold price.

Even if a cash buyer decides they don’t want the searches and a survey, they will still need a solicitor to complete all the necessary paperwork, communicate with the seller’s solicitor and organise the exchange of contracts and completion.

If you choose to sell to a cash house buying company, like ourselves, we have an in-house progressions team who will complete the full legal process for yourself and us, meaning the conveyancing process will be sped up as there are no time delays in communication.

Can you buy a house without using a solicitor?

While it is not a legal requirement to hire a solicitor when buying a house, much like selling one, it is highly recommended. A solicitor’s expertise in the conveyancing process can significantly speed up the process and ensure all legal steps are properly handled.

Property title transfers involve complex legal procedures, and without a thorough understanding of the terminology and regulations, you could encounter numerous challenges. An experienced solicitor helps navigate these complexities, preventing potential issues down the line. 

Solicitors undergo extensive training and accumulate years of experience, allowing them to streamline even the most delicate legal processes. Their knowledge is invaluable in ensuring a smooth, hassle free house purchase.

What to check when dealing with a cash buyer

When selling your house to a cash buyer, whether an investor or a company, there are several things to verify to make sure that they are the right option for you:

How much should a solicitor charge for selling a house?

Solicitor fees for selling a house can vary significantly depending on their experience, your location and the value of your home. However, here’s a general guide for freehold properties:

• Up to £100,000: £820

• £100,001 - £200,000: £880

• £201,000 - £301,000: £1,000

• £301,000 - £400,000: £1,090

If you choose to sell your house through The Property Buying Company, we cover your legal costs, meaning you won’t need to pay anything for the conveyancing process.

How much are solicitor fees when a buyer pulls out?

When selling your home on the open market, if a buyer pulls out of the deal, you will generally still be liable to pay your solicitors fees in full. This is because solicitors charge for the work they’ve already completed, which often includes tasks such as preparing contracts, conducting searches, and handling communications with the buyer’s solicitor. Even though the sale hasn’t gone through, these services have still been provided and payment is required.

However, there is an important exception to thisL if you have a ‘no sale, no fee’ agreement in place with your solicitor, you may not have to pay the full amount. A ‘no sale, no fee’ agreement means that if the sale falls through – due to the buyer pulling out or any other reason – you won’t be charged for the work carried out, or you may only need to cover a reduced fee. 

Here are a few additional things to consider:

Do solicitors charge if a sale falls through?

Whether you are charged solicitor fees when a sale falls through largely depends on the fee structure and terms you agreed upon at the outset. In most cases, you will still be responsible for paying fees related to any work your solicitor has already completed, such as preparing documents, conducting searches and handling communications.

Additionally, you will likely need to cover third party disbursements costs, such as local authority searches or Land Registry fees, which are usually non-refundable.

However, if you agreed to a ‘no sale, no fee’ arrangement with your solicitor, you may avoid these charges, giving you financial protection in case the sale doesn’t go through.

Can you refuse to pay solicitor fees?

While you can technically refuse to pay solicitor fees, doing so can lead to serious consequences. If you withhold payment, your solicitor is legally entitled to pursue recovery of their fees. The solicitor will follow a formal process outlined by The Law Society of England and Wales, ensuring that any legal action taken to recover fees adheres to professional and legal standards.

Most solicitors anticipate that some clients may challenge or refuse to pay fees, and they usually have strategies in place to address this, such as sending reminders, issuing final demands, and, if necessary, initiating legal proceedings to recover the debt.

If you believe the fees are too high or unjustified, you do have options. You have a statutory right to request an independent assessment of your solicitor’s fees under the Solicitors Act 1974. However, strict time limits apply, usually within one month of receiving the final bill, so it’s important to act quickly if you wish to challenge the fees.

If you refuse to pay without resolving the matter, the solicitor can take further action, including a County Court Judgement (CCJ) against you. A CCJ will negatively impact your credit score and may hinder your ability to obtain future credit, such as mortgages or personal loans, as it will appear on your credit report.

Do all solicitors work on a ‘no move, no fee’ basis?

No, not all solicitors operate on a no move, no fee conveyancing basis, and in fact, it’s relatively uncommon. Most solicitors, particularly those involved in open market house transactions, usually require an initial deposit known as a payment on account. This payment is made upfront to cover initial work, and the remaining fees are usually requested upon the exchange of contracts.

Solicitor fees generally cover the time spent on your case and the legal processes involved, such as preparing contracts, conducting searches and handling communications with the buyer’s or seller’s solicitor. 

While some firms may offer ‘no move, no fee’ arrangements, this is more typical in certain sectors, such as with cash house buyers or specialist conveyancing firms, and may come with higher overall fees to compensate for the risk of the sale falling through.

How does it differ when selling to a cash buyer?

When selling your house to a cash buyer, the process often differs from traditional house sales. Cash buyers usually have established relationships with solicitors and conveyancing girls to speed up the process. 

They may recommend a solicitor for you to use, which can speed up the transaction, as these professionals are experienced in working with cash buyers and understand their specific requirements. Additionally, some cash buyers may offer discounted legal fees to make the deal more attractive to sellers.

At The Property Buying Company, we work with a network of expert solicitors across the country who specialise in fast house sales. As part of our service, we cover all your legal fees, ensuring you don't need to pay anything towards conveyancing costs. 

Who are cash buyers right for?

We’re always open and honest about the fact our quick ‘cash for house’ service isn’t for everyone, so it’s important you decide if it’s right for you.

The main reason a cash buyer won’t be right for all is because cash buyers are typically looking to pick a property up for a discount off the market value – something that not everyone wants to or can accept, depending on the equity in the property.

On the other hand, however, selling to a cash buyer can be really useful for those who are looking for a super quick sale and don’t have the time to let their house sell on the open market with an estate agent.

We’re very experienced in the quick cash sales process and we generally find this service is beneficial for the below circumstances in particular:

What is the traditional house sale process?

If you decide to sell your house through the traditional method of selling on the open market, then the process is fairly similar for most. We’ve outlined the steps of the process for you below:

Do cash house buying companies need a solicitor?

Although it’s not a legal requirement for cash house buying companies to use a solicitor, it would be highly unusual for them to proceed without one. Solicitors pay an important role in ensuring that the transaction is smooth, efficient and legally sound. In fact, the speed and reliability that cash buyers are known for often rely on the expertise of solicitors handling the conveyancing process.

Without the involvement of a solicitor, the property transaction could face unnecessary delays, increased risks and the possibility of critical mistakes. These errors, even in the most straightforward property sales, can lead to significant financial losses or legal complications, such as disputes over contracts or problems with the property title.

Furthermore, solicitors help ensure that all aspects of the transaction are compliant with legal standards, which is especially important for cash buying companies that aim to complete purchases quickly and smoothly. In many cases, they handle key tasks like reviewing contracts, conducting property searches, and managing the transfer of funds, reducing the likelihood of any issues arising during or after the sale. 

Why choose us?

If you have decided that a cash buyer is the right option for you, then you may want to consider seeing what a cash house buying company can offer you. There are lots of these types of companies out there though, so why would you choose to sell to us?

Well, we’re more than just a standard cash buying company. The Property Buying Company is owned and operated by property professionals, founded in 2012, and with over 100 years of combined experience, you can be sure you’re in safe hands.

Unlike a buyer on the open market, we’re able to complete the sale in a timescale of your choosing, with us having the ability to complete in as little as 7 days.

As we touched on earlier, we’re also members of The Property Ombudsman and the National Association of Property Buyers, allowing you to feel confident we will follow rules and regulations, whilst also meaning there are extra layers of protection for you as a seller.

We’re also very highly rated on major review platforms, with us receiving an ‘excellent’ rating on Trustpilot, with over 2,000 reviews.

As well as this, we also understand what it’s like to sell a property and all the stresses that come along with it, so we will always be up for a chat to listen to your worries, and we will handle the whole process for you, making it hassle-free.

We will always be open and honest about our process and service – we will tell you upfront what we can offer for your property, and we will keep you constantly up to date on where we are in the process, including any issues we face and how we will do our best to overcome them for you.