How to Instruct a Solicitor for Selling Your House

If you are selling your home, one of the first practical steps is choosing and instructing a solicitor or licensed conveyancer to handle the legal work. This is known as "instructing" — and it is a more formal process than many sellers expect.

Getting this step right sets the tone for the entire transaction. A good solicitor, instructed early with all the right information, can have your contract pack ready to send the moment a buyer's offer is accepted. A poor choice — or a late start — can add weeks of avoidable delay and increase the risk of your sale dragging on.

What does "instructing" a solicitor actually mean?

In plain English, instructing a solicitor means formally appointing them to act on your behalf. It is the moment you stop shopping around and commit to a specific firm. Once you instruct, your solicitor has your authority to begin legal work on the sale — requesting title documents, drafting the contract, and liaising with the buyer's solicitor when the time comes.

The instruction process typically involves three things:

1. Signing the terms of engagement — a formal document setting out the scope of work, the fees you will pay, and your solicitor's obligations under their regulatory body (the Solicitors Regulation Authority or the Council for Licensed Conveyancers).
2. Completing anti-money laundering (AML) checks — your solicitor is legally required to verify your identity before they can act for you.
3. Providing initial information — your solicitor will ask for key details about your property, your mortgage, and the sale itself.

Until all three steps are complete, your solicitor cannot start substantive work on your file. That is why it pays to get this done as early as possible. For a full picture of everything your solicitor handles once instructed, see our guide on what your solicitor actually does during a sale.

When should you instruct a solicitor?

Most sellers wait until they have accepted an offer before instructing a solicitor. This is understandable — you do not want to spend money until the sale feels "real" — but it is one of the biggest reasons conveyancing takes longer than it needs to.

The better approach is to instruct before you list. Here is why:

• Your solicitor can check the title early. If there is a restriction, an old mortgage charge that was never removed, or a boundary discrepancy, you have time to fix it before a buyer is involved.
• The draft contract can be prepared in advance. Your solicitor can have the contract pack ready to send on the day an offer is accepted, rather than starting from scratch.
• You signal seriousness to buyers. An estate agent can tell prospective buyers that you already have a solicitor instructed and paperwork underway. This makes your property more attractive, especially to chain-free buyers who want a quick completion.
• You reduce the risk of fall-throughs. The longer a sale takes after offer acceptance, the more likely it is to collapse. Early preparation removes weeks of dead time. See our guide on when to start conveyancing for a detailed breakdown of the timing advantages.

Most solicitors do not charge anything extra for being instructed early. Their fee covers the whole transaction regardless of when you engage them. If you are concerned about paying for a solicitor before a sale materialises, look for firms that offer a no sale no fee arrangement.

How to find a solicitor or conveyancer

There are several reliable ways to find a qualified conveyancing professional in England and Wales:

• Law Society Find a Solicitor — the Law Society's official directory of solicitors in England and Wales. You can filter by location and area of law, including conveyancing.
• CLC Lawyer Register — the Council for Licensed Conveyancers maintains a public register of all licensed conveyancers. Use this to check that a conveyancer is properly licensed.
• Personal recommendations — asking friends, family, or colleagues who have recently sold a property is often one of the most reliable ways to find a responsive conveyancer.
• Conveyancing comparison sites — platforms such as the HomeOwners Alliance's conveyancing tool, Compare My Move, and Reallymoving let you compare quotes from multiple firms. Always check the firm's regulatory status independently before instructing.

For a deeper look at the differences between the two types of professional, see our guide on solicitor vs licensed conveyancer.

What to look for before instructing

Not all conveyancers are equal. Before you commit, evaluate each firm against these criteria:

CQS accreditation

The Conveyancing Quality Scheme (CQS) is the Law Society's accreditation standard for residential conveyancing firms. CQS-accredited firms must meet specific requirements around risk management, staff training, and client care. Critically, most major mortgage lenders (including the large high street banks) require the solicitor acting on a sale to be CQS-accredited before they will release funds. Choosing a non-CQS firm can cause delays later when the buyer's lender checks your solicitor's credentials. Our guide on CQS accreditation explained covers this in more detail.

Experience and caseload

Ask how many residential sales the firm or individual solicitor handles at any one time. A conveyancer managing 80 or more active files may struggle to give your sale the attention it needs. The SRA expects firms to have adequate resources to handle their caseload, but there is no hard cap on the number of files a conveyancer can carry. You want a firm that can confirm who will be handling your file and that your case will not be passed between multiple team members.

Communication style

Slow or poor communication is the number one complaint sellers have about their conveyancer. Before instructing, assess how quickly they respond to your initial enquiry. Do they answer the phone? Do they reply to emails within 24 hours? Do they offer an online portal or case tracker? These early signals are a reliable indicator of how they will perform during the transaction.

Questions to ask before you instruct

The following table lists the key questions you should put to any solicitor or conveyancer before signing their terms of engagement:

For a broader comparison of what to look for in quotes, see our guide on how to compare conveyancing quotes.

The instruction process step by step

Once you have chosen a firm, here is what to expect during the instruction process itself:

1. Request a formal quote. The firm will provide a written fee estimate that should break down their legal fee, VAT, disbursements, and any supplements. Under the SRA Transparency Rules, regulated firms must publish their conveyancing fees clearly.
2. Review and sign the terms of engagement. This is the formal contract between you and the solicitor. It sets out the scope of work, the fees, complaints procedures, and your rights under SRA Standards and Regulations or CLC requirements. Read it carefully, particularly the sections on what happens if the sale does not complete.
3. Complete AML identity checks. Your solicitor will verify your identity electronically or ask you to provide documents in person. This must be done for every person named on the title.
4. Provide your property and mortgage information. Your solicitor will request the details they need to begin work (see the table below).
5. Your solicitor orders title documents. They will obtain official copies of your title register and title plan from HM Land Registry (currently £7 per document) and review them for any issues.
6. Work begins on the draft contract pack. Using your title documents and the information you provide, your solicitor prepares the draft contract, the property information forms, and any supporting documents ready to send to the buyer's solicitor.

Documents and information your solicitor needs

When you instruct, your solicitor will ask for a range of documents and details. Having these ready speeds up the entire process. Here is what to prepare:

Pine helps sellers gather and organise these documents before instructing a solicitor. By completing your TA6 and TA10 forms with guided, plain-English support and assembling your certificates and documents into a single solicitor-ready pack, you ensure your conveyancer can hit the ground running from day one — no chasing, no gaps, no wasted weeks.

AML checks explained

Anti-money laundering (AML) checks are a legal requirement, not an optional formality. Under the Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017, every solicitor and conveyancer must verify the identity of their clients before acting for them. This applies to sellers as well as buyers.

The checks typically involve:

• Electronic identity verification — your solicitor uses a third-party service to verify your name, address, and date of birth against public databases. This is the most common method and usually takes minutes.
• Document-based verification — if electronic checks are inconclusive, your solicitor may ask to see original copies of your passport and a proof of address document. Some firms accept certified copies; others require originals.
• Source of funds check — for sellers, this is less onerous than for buyers, but your solicitor may ask about the source of any recent payments into the property (such as significant overpayments on the mortgage).

AML checks typically cost £10 to £30 per person. If you are selling jointly, every owner named on the title must be checked separately. Your solicitor cannot begin substantive work until AML checks are complete, so providing your ID promptly avoids an unnecessary delay at the very start of the process. For more on what these checks involve and what they cost, see our AML check cost guide.

Understanding the fee quote and terms of engagement

Before you sign anything, make sure you fully understand the fee structure. A conveyancing quote should include:

• The legal fee — the solicitor's charge for their professional work. This should be stated as a fixed amount and clearly marked as either including or excluding VAT.
• VAT — at the standard rate of 20%. A quote of "£900 plus VAT" actually costs £1,080.
• Disbursements — third-party costs your solicitor pays on your behalf (Land Registry copies, bank transfer fees, AML checks). These should be itemised individually.
• Supplements — any additional charges for leasehold sales, Help to Buy repayment, shared ownership, or other non-standard elements.
• No sale no fee terms — if offered, the exact scope of what is and is not covered if the sale falls through.

The terms of engagement will also set out the firm's complaints procedure (as required by both the SRA and CLC), your right to cancel within 14 days under the Consumer Contracts Regulations 2013 (if instructed at a distance), and what happens if you want to switch to a different solicitor. For a detailed breakdown of typical costs, see our conveyancing costs breakdown.

Fixed fee vs hourly rate — what is normal?

The vast majority of residential conveyancers now charge a fixed fee for selling a property. This means you agree a set price at the outset and that is what you pay (plus disbursements), regardless of how complex the transaction becomes or how long it takes. Fixed fees are the model recommended by the SRA under their Transparency Rules, and they give sellers certainty about costs from day one.

A small number of solicitors still charge by the hour, typically at £150 to £350 per hour depending on location and seniority. Hourly billing can work out cheaper for very straightforward sales that complete quickly, but it carries the risk of a much higher bill if complications arise — such as additional enquiries, title issues, or a delayed chain.

For most sellers, a fixed fee offers the best balance of certainty and value. If a firm quotes an hourly rate, ask them to estimate the total cost for a sale of your type and put a cap in writing.

"No sale no fee" — what it really means

Many conveyancing firms advertise a "no sale no fee" or "no completion no fee" guarantee. The core promise is straightforward: if the transaction falls through before completion, you do not pay their legal fee.

However, there are important nuances:

• Disbursements are usually excluded. If your solicitor has already paid for Land Registry copies, AML checks, or other third-party costs, you will typically still owe those amounts even if the sale collapses.
• Some firms charge an abortive fee. A reduced charge of £100 to £300 for work already done on a sale that falls through. This is separate from the main legal fee.
• The premium. Firms offering no sale no fee are absorbing the financial risk of abortive work. To compensate, their successful-completion fees are typically 10% to 25% higher than firms without the guarantee.

Whether the premium is worth it depends on your risk profile. If you are selling in a long chain or your buyer has a property to sell, the protection can be valuable. For a chain-free sale to a cash buyer, the risk of collapse is lower and you may prefer to save on fees. Our guide on no sale no fee conveyancing covers this in full detail.

Estate agent recommended solicitors — conflicts of interest

When you list your property with an estate agent, they will almost certainly recommend a solicitor or conveyancer. While some of these recommendations are genuinely based on good working relationships, many are driven by referral fees.

Under the SRA's rules on referral arrangements, any referral fee must be disclosed to you. Estate agents are also required to disclose referral arrangements under the Estate Agents Act 1979 and Consumer Protection from Unfair Trading Regulations 2008. In practice, referral fees typically range from £200 to £500 per introduction, and this cost is usually built into the solicitor's fee rather than charged separately.

This does not necessarily mean the recommended solicitor is bad. But it does mean the agent's recommendation may not be based purely on the quality of service you will receive. The HomeOwners Alliance advises sellers to always get independent quotes alongside the agent's recommendation and compare them on merit.

Can you switch solicitors mid-sale?

Yes. You have the right to change solicitors at any point during the transaction. Your current solicitor is obliged to release your file to the new firm under SRA rules, though they may charge a reasonable administration fee for doing so.

Be aware that switching mid-sale has costs:

• Time. The new solicitor must carry out fresh AML checks, review all the work done to date, and familiarise themselves with your case. This typically adds two to four weeks.
• Money. Your original solicitor may charge for work already completed (sometimes called an abortive or transfer-out fee). Your new solicitor will charge their full fee for the transaction.
• Risk. During the handover period, your sale is effectively paused. If your buyer is impatient, this delay could jeopardise the transaction.

Despite these costs, switching is sometimes the right decision — particularly if your current solicitor is unresponsive, making errors, or causing delays that put the sale at risk. If you have exhausted the firm's internal complaints procedure without resolution, you can also escalate to the Legal Ombudsman.

What your solicitor needs from you on day one

Having your documents ready when you instruct saves days of back-and-forth. Every round of chasing — your solicitor asking for a document, you finding it a week later, them reviewing it and asking a follow-up question — adds avoidable delay. If you can hand everything over at the point of instruction, your solicitor can begin preparing the draft contract pack immediately.

Here is a checklist of what to have ready on day one:

1. Proof of identity — a valid passport or driving licence for every person named on the title. This is required for your solicitor's anti-money laundering (AML) checks, which must be completed before any substantive work can begin.
2. Proof of address — a utility bill or bank statement dated within the last three months. This forms part of the AML verification process alongside your photo ID.
3. Title deeds or Land Registry details — your title number if you have it. You can usually find this on your original mortgage offer paperwork or any correspondence from HM Land Registry. If you do not have it, your solicitor can look it up, but providing it upfront saves a step.
4. Mortgage account number — so your solicitor can request a redemption statement from your lender. This confirms exactly how much is owed on your mortgage and is needed before completion can take place.
5. Estate agent details — the memorandum of sale from your estate agent, which includes the agent's details, the buyer's name and solicitor, and the agreed sale price. If you have not yet accepted an offer, you can provide this later.
6. Property information — any certificates you hold, including your EPC, gas safety certificate, electrical installation condition report, FENSA certificates for replacement windows, planning permissions, building regulations completion certificates, and guarantees or warranties for work carried out on the property.
7. Leasehold information (if applicable) — your managing agent's contact details, a copy of the lease, and recent service charge demands. Your solicitor will need these to prepare the TA7 leasehold information form and to request a management pack from the freeholder or managing agent.
8. Your completed TA6 and TA10 forms — if your solicitor has sent these in advance, return them as quickly as possible. The TA6 (Property Information Form) and TA10 (Fittings and Contents Form) are essential parts of the contract pack and cannot be sent to the buyer's solicitor until they are complete.

Some solicitors now use online portals where you can upload everything digitally. This makes the process faster and creates a clear audit trail of what has been provided. If your solicitor offers a portal, use it — it is typically quicker than posting documents or sending multiple email attachments.

The faster you provide these documents, the sooner the draft contract pack can be assembled and sent to the buyer's solicitor. In a best-case scenario, a seller who provides everything on day one can have the full contract pack ready within a few working days of instruction, giving the transaction the strongest possible start.

Sources and further reading

• Find a Solicitor — the Law Society's official directory for finding regulated solicitors in England and Wales (lawsociety.org.uk)
• Conveyancing Quality Scheme (CQS) — information about the Law Society's accreditation standard for residential conveyancing firms (lawsociety.org.uk)
• SRA Transparency Rules — guidance on how solicitors must publish their fees and service information (sra.org.uk)
• SRA Solicitor Register — verify whether a solicitor or firm is currently regulated by the SRA (sra.org.uk)
• CLC Lawyer Register — the Council for Licensed Conveyancers' public register of licensed conveyancers (clc-uk.org)
• Money Laundering Regulations 2017 — the legislation requiring solicitors to carry out AML identity checks (legislation.gov.uk)
• HM Land Registry — official title document services and property data (gov.uk)
• HomeOwners Alliance — Selling Guides — independent consumer advice on selling a property (hoa.org.uk)

Related guides

• When to Instruct a Solicitor Before Listing

Frequently asked questions