Taking the stress out of moving home

Alongside family and a job, a person’s home is one of the most important parts of anyone’s life. It is therefore only natural to find yourself becoming stressed during the conveyancing process. This blog written by Emma Soulby Trainee Solicitor with MJP Conveyancing, looks to give you some practical advice in order to make the process as stress free as possible. 

1. Start early - in most cases the process will take longer than you anticipated. We recommend that you start looking for a solicitor at least three months before you would like to move. We are able to set up a file whilst you find a property to buy or consider offers. Although the conveyancing process takes 6 to 8 weeks on average, the smart move is to certainly give yourself flexibility to accommodate for any hiccups along the road and reduce the stress you are likely to experience. 

2. Get organised - look for key documentation when selling to make the legal process as smooth as possible. This will help to cut down enquiries which form the middle stage of a transaction. When purchasing, get your finances in order so that your solicitor can complete their source of wealth checks in a timely manner and your lender, if applicable, can get their mortgage offer issued. If in doubt about what you need to do, speak with your solicitor to discuss the next steps to see if there is anything you can get on top of. 

3. Don’t make your own pressure - far too often we come across clients who are living in boxes when contracts have only just been drafted! This undoubtedly causes unnecessary stress. To combat this, consider ensuring there will be sufficient time in between exchange and completion, such as 3 to 4 weeks, to allow you time to pack and to book removals. If you would like this, it is best to let all parties know as soon as possible so that the chain takes this into account when planning and discussing completion. In the same vein, we advise clients not to agree a completion date too early in the process. Having a date in mind at the start of the transaction leads to unrealistic expectations and frustration when a transaction may be progressing well but not in line with your target timeframe and dates inevitably have to be pushed back. Giving notice for rental accommodation before exchange of contracts, for example, is one of the worst things a client can do not least because it risks them being made homeless. 

4. Try to keep communications with the other party to a minimum- you have a solicitor, and possibly an estate agent, for a reason: to act on your behalf. Texting the seller, for example, can sometimes cause stress as the individuals may not appreciate the legal complexities which are being dealt with before a completion date can be agreed. Similarly, please remember that you should not contact the other party’s solicitor. This is a conflict of interest and a breach of professional conduct rules. 

5. Empty your plate - as one of the most important aspects of your life, it is astonishing when we sometimes find a client who is getting married or going on holiday at the same time as moving. This increases the pressure you will be feeling regardless of how the conveyancing process is going. Although circumstances cannot always be helped, do try to handle one matter at a time so that you can give it your full attention and experience as little stress as possible. 

Emotions will always be a part of the moving process so these practical tips aim to give you an insight into the common pitfalls we see clients make as solicitors. Going into a transaction organised and with an open mind will make the process as stress free as possible.

Emma Soulby - Trainee Solicitor 

MJP Conveyancing are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877067 or via email at davidp@mjpconveyancing.com

I am frustrated with my conveyancer

‘I am frustrated with my conveyancer as the whole process is taking far too long’ - I hear this from time to time despite the efforts we make at the outset to manage a client’s expectation.  It’s easy to blame and vent anger in the direction of the conveyancer but more often than not the source of the frustration lies elsewhere.

For most home buyers, once they have had an offer accepted on the property of their dreams the next thing they want to do is to start picking out furnishings and make plans to move.   In simple terms  one party wants to buy and one party wants to sell, what could be simpler and why should it take so long for the formalities to be sorted?

The reality is that there is no set timetable when it comes to a conveyancing transaction and so things only progress as quickly as the slowest moving part of the chain.  At a time when banks are now looking closely at their lending criteria it can often be the case that a buyer may have to jump through more hoops that previously in order to satisfy their chosen lender.  Also, one person’s idea of urgent may not necessarily accord with another’s, and buyers and sellers can face dealing with people and or their representatives who may not share the same views on how quickly a transaction should proceed.

People have their own agendas and rightly so often decide to keep these very much under cover.  So even though on the surface he objectives are in common with each other there often exist complications which make it difficult for the conveyancer to push through things quickly.

If there is a sizeable chain of transactions then it is possible that one transaction can be ready to proceed fairly quickly, but is delayed whilst transactions elsewhere in the chain deal with complications.

Managing expectations and recognising that most conveyancing transactions will have complications or reasons for delay which are beyond the control of the conveyancer makes it advisable that buyers and sellers should not set their hearts on any specific dates for completion. 

There is no harm if parties wish to work towards target dates, but moving home is stressful enough without adding in the stress of trying to complete a transaction by a specific date, which may turn out to be non - achievable. 

Estate agents often raise expectations and set timetables which are unrealistic and for this reason it’s always advisable to speak to and rely only on the guidance given by your conveyancer.

Also keep in mind that the conveyancing process which has not changed since 1925 is antiquated and is not designed to promote a quick and efficient transaction.  On the contrary it often contributes to delay and makes it difficult and costly for the home owner to sell and or buy.  But that’s a different story! 

Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at davidpett@m-j-p.co.uk