When you sell a home in England and Wales, your solicitor’s job is to prove your title to the buyer, answer the buyer’s questions, agree the contract, and on completion receive the money, repay your mortgage and hand over the property. Most of the delay in a sale comes from information the seller has to provide, so the single most useful thing you can do is prepare before you have a buyer. This guide covers the process in order. If you are also buying, read the Buyer’s Guide alongside this.
Before you put the property on the market
Do you need an EPC to sell a house?
Yes. An Energy Performance Certificate is legally required before a property is marketed for sale. Certificates last ten years, so check whether a valid one already exists for your property before commissioning a new one.
Instruct your solicitor early
You can instruct a solicitor when you list the property rather than when you accept an offer. That lets identity checks, title checks and the property forms be completed while the agent is finding a buyer, so the contract pack goes out within days of an offer.
Gather the paperwork
- Planning permissions and building regulation completion certificates for any extensions, conversions or structural work.
- FENSA (or equivalent) certificates for replacement windows and doors; Gas Safe and electrical installation certificates where you have them.
- Guarantees and warranties — damp-proofing, timber treatment, roofing, boiler, new-home warranty if applicable.
- For leasehold: the lease, the last three years’ service charge accounts, ground rent receipts and buildings insurance details. Ask the freeholder or managing agent for the management pack straight away — it is one of the most common causes of delay.
- Your mortgage lender’s details so a redemption figure can be requested.
What not to fix when selling a house
Buyers’ surveys will pick up defects, but that does not mean you need to fix everything first. Cosmetic issues and minor wear are usually priced in. What causes legal delay is not the defect itself but a lack of paperwork for work that has been done — an extension with no completion certificate, for instance. If you are unsure whether to obtain a retrospective consent, an indemnity policy or simply disclose, ask your solicitor before marketing rather than after an offer.
What does a solicitor do when selling a house?
Your solicitor will: verify your identity; obtain official copies of your title from HM Land Registry; prepare the draft contract and send the contract pack to the buyer’s solicitor; answer the buyer’s enquiries with you; obtain your mortgage redemption statement; agree the completion date and exchange contracts; on completion receive the purchase money, repay the mortgage, pay the estate agent, and send you the balance; and send the signed transfer deed to the buyer’s solicitor for registration.
Step 1 — Identity checks and the property forms
Your solicitor must verify your identity under anti-money-laundering rules. You then complete the Property Information Form (TA6) — questions about boundaries, disputes and complaints, notices, alterations, guarantees, environmental matters, services, and occupiers — and the Fittings and Contents Form (TA10), listing what is included, excluded or available to buy. Leasehold sellers also complete the Leasehold Information Form (TA7). Answer fully and honestly: the forms are relied on by the buyer and a wrong or misleading answer can lead to a claim after the sale.
Step 2 — Accepted offer and the contract pack
The estate agent issues a memorandum of sale to both solicitors. Your solicitor drafts the contract and sends the buyer’s solicitor the contract pack: the draft contract, the title documents, your completed forms and, for leasehold, the lease and management pack. If you prepared everything before marketing, this goes out within days.
Step 3 — Enquiries
The buyer’s solicitor reviews the pack and their search results and raises written enquiries. Your solicitor answers what can be answered from the documents and passes the rest to you. Common questions: who maintains which boundary; whether building work had planning and building regulation approval; whether guarantees are transferable; the position on parking, access and shared drives; and, for leasehold, service charge arrears and any planned major works. Prompt, complete replies are the main thing that keeps a sale on track. If a document is genuinely missing, your solicitor may propose an indemnity insurance policy, usually at the seller’s cost.
Step 4 — Mortgage redemption
If the property is mortgaged, your solicitor requests a redemption statement from your lender showing the amount needed to repay the loan on the completion date, including any early repayment charge. Check the figure — early repayment charges can be significant and may affect your timing.
Step 5 — Signing and exchange of contracts
When the buyer’s solicitor has all replies, the buyer’s mortgage offer and deposit, both sides sign the contract and agree a completion date. Solicitors then exchange contracts by telephone. From that moment the sale is legally binding: the buyer must buy, you must sell, and the buyer’s deposit is held as security. If you are buying as well, your solicitor will exchange on both transactions at the same time so that you are never committed to one without the other.
Step 6 — Between exchange and completion
Sign the transfer deed (TR1) so it is held ready for completion. Arrange removals, take final meter readings on the day, and cancel or transfer utilities, council tax and insurance from the completion date. You must leave the property in the condition agreed in the contract, with the items listed in the TA10, and hand the keys to the estate agent.
Step 7 — Completion
On the completion date the buyer’s solicitor sends the purchase money to your solicitor. Once received, your solicitor confirms completion, the agent releases the keys, and your solicitor repays your mortgage from the proceeds, pays the estate agent’s invoice and the firm’s own fee, and sends the balance to your bank account, usually the same day. You receive a completion statement showing every figure.
How much does it cost to sell a house?
The seller’s main costs are: the estate agent’s fee (usually a percentage of the sale price plus VAT, or a fixed fee for online agents); the solicitor’s fee plus disbursements such as official copies of the title and bank transfer fees; the EPC if you need a new one; any mortgage early repayment charge; for leasehold, the freeholder’s or managing agent’s charge for the management pack; and removals. Ask your solicitor for an itemised written quote before instructing.
Do you pay stamp duty when you sell a house?
No. Stamp duty land tax is paid by the buyer. If the property you are selling is not your main home — a second home or a buy-to-let, for example — capital gains tax may be due on any gain, and there are reporting deadlines after completion. That is a tax matter to raise with your accountant or solicitor early, but it is not part of the conveyancing itself.
Can you sell a house before probate?
An inherited property can be marketed and an offer accepted, but the executors or administrators cannot exchange contracts or complete until the grant of probate (or letters of administration) has been issued by the Probate Registry. Tell the agent and any buyer at the outset that the sale is subject to probate so that expectations on timing are realistic, and consider having the estate’s solicitor handle both the probate and the sale so the two run together. See our probate property sales page.
Selling a leasehold flat: what’s different?
The buyer’s solicitor will want the management pack, the lease, evidence of service charge and ground rent payments, and confirmation of any planned works. If the remaining term of the lease is short, buyers may struggle to get a mortgage; discuss with your solicitor whether to extend the lease before marketing or to sell with the benefit of a lease extension notice already served.
Frequently asked questions
Do I need a solicitor to sell my house?
There is no legal requirement, but the buyer’s solicitor will expect to deal with a solicitor or licensed conveyancer on the seller’s side, and if you have a mortgage your lender will require one to handle the redemption. In practice, sales without a solicitor are rare.
What happens if the buyer pulls out?
Before exchange, either party can withdraw without penalty, and each side bears its own costs. After exchange the buyer is bound; if they fail to complete you may keep the deposit and can claim losses.
Can I accept a higher offer after agreeing a sale?
Until exchange, yes — the sale is not legally binding. Be aware that the original buyer will have spent money on searches and surveys, and agents and solicitors will need to be told promptly.
When do I get the money?
Usually on the day of completion, once the buyer’s funds have arrived, the mortgage is repaid and the fees are settled. Your solicitor’s completion statement shows the calculation.
Gregory Abrams Davidson’s residential conveyancing team acts for sellers across Liverpool, Wirral and North West London, including probate property sales. For a fixed-fee conveyancing quote, contact the team.
Important: This guide is general information, not legal advice. It reflects the law and practice in England and Wales at the date shown. Every transaction is different, and the process, timescales, costs and requirements can vary depending on your circumstances and the property involved. For advice on your own situation, please contact Gregory Abrams Davidson.
Last reviewed: September 2026
