Who Holds the Pen? The Legal Work Behind a Private Property Sale

A private sale can remove the estate agent from the process, but it cannot remove the legal machinery that transfers ownership. In England and Wales, the conveyancer is the person who turns an agreed price into a registered title, a completed payment and a file that survives scrutiny. In 2026, buyers and lenders expect a fuller paper trail than ever, and the kitchen-table seller who treats conveyancing as simple form-filling usually discovers the limits of DIY at the point where the clock is already running.

What the conveyancer actually handles

The conveyancer’s role is broader than many sellers expect. On a typical freehold sale, the work includes investigating the title, checking the official copies and title plan, and identifying rights, covenants, easements and restrictions that may affect the property. The conveyancer prepares or reviews the contract pack, including the TA6 property information form and TA10 fixtures and fittings form, and raises and answers enquiries with the buyer’s solicitor.

On leasehold sales, the paperwork expands considerably. The seller’s conveyancer will normally request a leasehold pack, often through the LPE1 process, and will need to address service charges, ground rent, buildings insurance, management company consent and any proposed alterations. Searches are another core task: local authority, drainage, environmental and flood searches are common, and additional searches may be needed for mining, chancel repair or other local risks.

The conveyancer also handles the money and the mortgage conditions. That means anti-money-laundering checks, source-of-funds evidence, redemption statements for any existing mortgage, exchange and completion statements, and the return of funds at completion. After completion, the buyer’s conveyancer normally deals with Stamp Duty Land Tax, Land Registry registration and, where relevant, notice to a landlord or management company. A seller’s conveyancer will discharge the existing mortgage and account to the seller.

Where DIY attempts usually stop

It is possible for a determined owner to obtain title documents and complete some Land Registry forms, but a private sale rarely stays simple for long. A buyer’s lender will usually insist that a solicitor or licensed conveyancer acts for the buyer, and many lenders will not accept unrepresented buyers. Even where no mortgage is involved, the risky points tend to be searches, leasehold information, enquiries, exchange mechanics and post-completion registration.

Exchange is the critical moment. Before exchange, either side can usually walk away, subject to any separate agreement. After exchange, the contract is binding. A DIY seller who has not understood the deposit terms, the completion date, the standard conditions or the insurance position can create a liability that far exceeds the fee saved. The same applies to leasehold defects, missing consents and inaccurate replies on the TA6. These are not merely administrative points; they can lead to claims, delays or a reduced price.

A step-by-step timeline for a no-agent sale

1. Before instruction: gather identification, proof of address, the title number, Energy Performance Certificate, fixtures and fittings information, leasehold documents and mortgage redemption details. Confirm where the buyer’s deposit and purchase funds will come from.

2. Instruction and onboarding: appoint a solicitor or licensed conveyancer, agree the fee basis in writing and complete anti-money-laundering checks. Request the contract pack and any leasehold or management information early.

3. Draft contract and seller’s pack: complete the TA6 and TA10 accurately, assemble guarantees, planning permissions, building regulations certificates and warranties, and check that the title plan matches what is being sold.

4. Searches and enquiries: the buyer’s conveyancer orders searches and raises enquiries. The seller’s conveyancer responds with evidence where possible. Leasehold sales may require management pack replies and landlord consent.

5. Mortgage and survey: the buyer’s lender processes the application and the buyer arranges any survey. Sellers should expect requests for access and should keep responses prompt.

6. Exchange: contracts are signed, the deposit is usually paid and the completion date is fixed. Buildings insurance responsibility often passes to the buyer on exchange, so the contract should be checked carefully.

7. Completion: the buyer’s funds are sent by bank transfer, the seller’s mortgage is redeemed and keys are released. The transfer deed is dated and completion documents are issued.

8. Post-completion: Stamp Duty Land Tax is dealt with, the title is registered and leasehold notices are served. The seller should retain the completion statement and any mortgage redemption evidence.

The fee compared with the commission avoided

The arithmetic is not a straight comparison between one invoice and another. On a £300,000 sale, an estate agent charging 1 per cent plus VAT would charge £3,600. A conveyancer’s legal fee might be in the region of £900 to £1,500 plus VAT, with disbursements of perhaps £300 to £600 for searches, Land Registry fees and bank charges. Leasehold or complex title work can cost more.

The seller may therefore save a meaningful sum, but the saving is not pure profit. Private selling consumes time, carries marketing risk and may involve abortive legal costs if a buyer withdraws before exchange. A seller should compare the total cost of the route, not just the headline commission.

Questions to ask before instructing

• Are you regulated, and do you carry professional indemnity insurance?
• Who will handle the file day to day, and who supervises?
• Is the fee fixed or hourly, and what is excluded?
• Are searches included, and which searches will be ordered?
• Do you have experience of leasehold, unregistered or complex titles?
• How will you report on the buyer’s lender requirements?
• What are your communication and response times?
• What happens if the sale falls through before exchange?

Red flags to catch early

Be cautious if a conveyancer will not provide a written fee estimate, cannot explain disbursements, or promises to reduce Stamp Duty Land Tax in ways that sound too good to be true. Slow responses at the instruction stage often predict slow responses later. A failure to check leasehold terms, missing consents or inaccurate TA6 replies can be expensive. So can pressure to exchange before searches and enquiries are complete.

For the private seller, the conveyancer is not a decorative cost. The person who holds the pen is the person who carries the legal risk. Choosing that person carefully in 2026 is part of selling without an agency fee, not a departure from it.