– why does the legal process take so long?
In a modern, digital age, why does the house-moving process take weeks and weeks, instead of days…
If you purchased or sold your own property recently, you will no doubt be mystified, as many thousands of homeowners are, as to why the process of conveyancing and house moving takes so long to complete. Years ago, before digitisation and computers, completion could be expected in most property transactions to take place in an 8-12 week timeframe period.
Now that we have fast computers, email and digital scans of Land Registry documents and faster communication methods, why does it appear to take in excess of 22 weeks* to complete a transaction?
Charlotte Sheehan, Conveyancer at Lawson West added:
“Conveyancing can be straightforward, but often than not there are a lot of unanswered questions and missing evidence relating to property ownership, searches and title that must be ascertained before Exchange of Contracts can take place. UK lenders who provide capital for purchases require total proof and validity of home ownership before mortgage funds can be transferred. This means any doubt on the property’s plan or title held at HM Land Registry must be fully investigated and this is just one area where delays can occur.”
HM Land Registry processes 2.5million applications per month
Searches can take days, or sometimes weeks, depending on the complexity and availability of the answers. There can be delays at HM Land Registry to process search and query requests which is often down to the sheer volume of applications being made.
Yes, you can expedite a Land Registry search following certain criteria, but even this can take more than 10 working days to resolve.
Coupled with the old-fashioned paper-trail and exchange of documents and warranties (albeit now happening via email and attachments) between two sets of solicitors, two sets of owners and two property agents for every property in the chain, there can be extreme delays.
A typical property chain with 5 properties can involve 14 sets of advisers, all communicating in separate ways, plus the Land Registry:
|
|
|
|
Solicitors |
Agents |
Lenders |
|
Property 1 – 1 Bedroom |
First Time Buyer |
Purchase |
Yes |
Yes |
Yes |
|
Property 2 – 2 Bedrooms |
2nd Time Buyer |
Sale & Purchase |
Yes |
Yes |
Yes |
|
Property 3 3 Bedrooms |
Family Home Buyer |
Sale & Purchase |
Yes |
Yes |
Yes |
|
Property 4 4 Bedrooms |
Family Home Buyer |
Sale & Purchase |
Yes |
Yes |
Yes |
|
Property 5 3 Bedrooms |
Downsizing/ Retirement |
Sale & Purchase |
Yes |
Yes |
No |
|
|
|
|
5 sets |
5 sets |
4 sets |
When you consider online purchases and banking transactions are now instantaneous, the conveyancing process is lagging far behind in terms of automation, and we understand the frustrations caused. When you compare the England and Wales process to Scotland and overseas countries who seem to complete transactions within a 6-week window, there is room for huge improvement in the way in which the process happens in this country.
Light at the end of the tunnel?
Research Consultation – open until 30th September
The Open Property Data Association (OPDA) has launched (Sep 2024) a new piece of data research, opening a consultation of comments and opinions on how the conveyancing and property home moving process can be improved.
Have Your Say
Any person can provide their views as part of the Consultation period.
Click the link below to take part in the survey and have your say.
https://www.surveymonkey.com/r/OPDA2024
The results are eagerly awaited.
One suggestion for the industry is to adopt a single, safe web environment where legal documents and property documents can be scanned and stored and shared between parties. Digital meetings can take place using confidential entry passwords. Parties can view relevant documents pertinent to them (some restricted to specific audiences). Progress would be open for clients to see as well, reducing the amount of time advisers spend being chased by clients. If all parties within a single chain adopted the same online solution, it would have a dramatic effect on the timescales affecting a chain.
Charlotte Sheehan added:
“Every opportunity to progress the speed of transactions is happening, but with a high volume of transactions in the market, delays do occur up and down the sale and purchase property chain. At Lawson West Solicitors, we already streamline our service as far as possible, offering proactive communication with our clients and a regular update call, and we also use digital systems to speed up the collation and sharing of documentation. Our client feedback and positive client service levels speak for themselves.”
“Professional team, very responsive and kept me in the loop through the whole process of buying a property. Also patient and happy to explain things as required. Great service!”
“I received great service from Rachael and her team at Lawson West. They managed to keep our property purchase on track in a very professional manner. I already have another property going through the same process with them.”
“Look no further for conveyancing solicitors. From the initial quote to purchase completion, Lawson West made the entire process effortless & were able to answer any queries I raised. Complete professionalism from everyone involved & a special thank you to Wendy Andrews who managed my case. I’ll be sure to return in the future should I need any legal support.”
If you are moving home and would like to receive a quote for your property conveyancing, please Contact Us, selecting Conveyancing.
Notes:
[The Open Property Data Association (OPDA) is an association of property industry members who provides a forum for collaboration and innovation in the house moving industry. They believe that open data and technology standards are essential for making informed decisions about property, whether a buyer, seller, lender, intermediary, surveyor, or conveyancer.]
*Much of the homebuying process still remains reliant on paper, duplication, multiple signatures, and manual checks. Consequently, it is taking an average of 22 weeks for customers to reach completion on their home purchase (Source: Rightmove).
