For many people, buying or selling a property is one of the biggest financial decisions they will ever make. Whether you're a first-time buyer, moving up the property ladder or selling an investment property, the process can be exciting - but it can also be stressful.
Unfortunately, small mistakes can lead to delays, unexpected costs or even the collapse of a property transaction.
While every transaction is different, we often see the same avoidable mistakes.
Here are some of the biggest pitfalls - and how you can avoid them.
1. Waiting Too Long to Instruct a Conveyancer
Many buyers and sellers wait until they've accepted or made an offer before instructing a conveyancer.
While this may seem sensible, getting legal advice early can help identify potential issues before they become urgent.
For sellers, your solicitor can begin preparing the contract pack immediately. For buyers, having a conveyancer ready means searches and enquiries can begin as soon as your offer is accepted.
Early preparation can save valuable time later.
Find out more about our Residential Conveyancing services.
2. Assuming Every Property Is Straightforward
No two properties are the same.
A seemingly perfect home may have hidden legal issues, including:
- Restrictive covenants
- Boundary disputes
- Rights of way
- Planning restrictions
- Unadopted roads
- Flying freeholds
- Leasehold complications
Many of these issues won't become apparent until legal investigations begin.
This is exactly why conveyancing involves much more than simply transferring ownership.
The HM Land Registry explains how property ownership and title information work:
3. Not Budgeting for the Hidden Costs
The purchase price is only part of the overall cost.
Buyers should also budget for:
- Stamp Duty Land Tax (where applicable)
- Survey fees
- Legal fees
- Searches
- Mortgage arrangement fees
- Removal costs
- Buildings insurance
Likewise, sellers should consider estate agency fees, legal costs and any mortgage redemption charges.
Understanding the full financial picture from the outset helps avoid unpleasant surprises.
The Government's Stamp Duty guidance can be found here.
4. Skipping a Survey
One of the biggest misconceptions is:
"The mortgage lender is carrying out a valuation, so I don't need a survey."
A mortgage valuation is carried out for the lender—not for you.
A professional survey may reveal issues such as:
- Structural movement
- Damp
- Roof defects
- Subsidence
- Timber decay
- Electrical concerns
Identifying problems before exchange of contracts allows buyers to renegotiate the price or reconsider the purchase altogether.
The Royal Institution of Chartered Surveyors (RICS) provides useful guidance on choosing the right survey.
5. Failing to Be Honest on Property Information Forms
Sellers are legally required to answer property information forms accurately.
It can be tempting to minimise previous issues, such as flooding, neighbour disputes or building works carried out without consent.
However, failing to disclose important information could result in legal action after completion.
One well-known example is Sykes v Taylor-Rose (2004), where buyers claimed they had not been adequately informed about a murder that had occurred at the property. The case highlighted the importance of accurate replies to pre-contract enquiries and what sellers are legally required to disclose.
6. Ignoring Leasehold Issues
Buying a leasehold property is very different from buying a freehold home.
Important questions include:
- How many years remain on the lease?
- What are the service charges?
- Is there a ground rent?
- Are major works planned?
- Can you keep pets?
- Can you extend the lease?
Understanding these issues before committing to a purchase is essential.
The Leasehold Advisory Service (LEASE) offers impartial guidance.
7. Making Big Financial Changes Before Completion
It's surprisingly common for buyers to:
- Finance a new car.
- Take out a personal loan.
- Change jobs.
- Open new credit accounts.
These changes can affect your mortgage offer—even after it has been approved.
Lenders may carry out additional checks before completion.
If your financial circumstances change significantly, your mortgage offer could be withdrawn.
8. Exchanging Contracts Before You're Ready
Once contracts are exchanged, the transaction becomes legally binding.
Pulling out afterwards can have serious financial consequences.
Before exchange, make sure:
- Mortgage funds are in place.
- Buildings insurance is arranged.
- Deposit monies are available.
- Searches and enquiries have been satisfactorily completed.
- You're happy with all legal documentation.
Taking a little extra time now can prevent significant problems later.
9. Underestimating How Long Conveyancing Takes
Many people expect property transactions to complete within a few weeks.
In reality, delays can occur due to:
- Mortgage processing
- Search delays
- Property chains
- Missing documents
- Leasehold enquiries
- Local authority response times
Patience—and good communication—can make the process far less stressful.
The HomeOwners Alliance provides useful guidance on the conveyancing process.
10. Choosing a Conveyancer Based on Price Alone
Buying or selling a home isn't simply about completing forms.
An experienced conveyancer can identify legal risks, explain complex documents, keep your transaction moving and provide reassurance throughout the process.
While cost is naturally important, choosing solely on the lowest quote may not always provide the best value.
Look for a firm that offers:
- Clear communication.
- Transparent pricing.
- Experienced conveyancers.
- Strong client reviews.
- Recognised quality standards.
At Susan Howarth & Co. Solicitors, we're proud to hold the Law Society's Conveyancing Quality Scheme (CQS) accreditation, demonstrating our commitment to high standards of residential conveyancing practice.
A Smooth Move Starts with the Right Advice
Whether you're buying your very first home or selling a property you've owned for decades, every transaction deserves careful legal attention.
Many of the most expensive problems don't arise because people make poor decisions—they arise because they simply didn't know the right questions to ask.
Working with an experienced conveyancing solicitor from the outset can help identify issues early, reduce delays and give you confidence throughout your property journey.
We're Here to Help
Your next home should be an exciting new chapter - not a legal headache. Let us help you move with confidence.
At Susan Howarth & Co. Solicitors, our highly experienced Residential Conveyancing team is committed to making your move as straightforward and stress-free as possible.
Whether you're buying, selling, remortgaging or transferring ownership, we'll provide practical, proactive advice every step of the way.
Learn more about our Residential Conveyancing services here or contact our proactive and responsive Conveyancing team today on 01606 48777 to discuss your move and find out how we can help.
This article is for general information only and does not constitute legal advice. For advice tailored to your circumstances, please seek professional legal guidance.
Comments