Can You Switch Solicitor During a House Sale?

Dealing with a solicitor who is not performing is one of the most stressful parts of selling a house. Unanswered emails, missed deadlines, and a general lack of progress can put your entire sale at risk.

The good news is that you are not stuck. You have the legal right to change your solicitor at any point during a property transaction. But switching mid-sale does come with costs and potential delays, so it is important to understand exactly what is involved before you make the move.

When can you switch solicitor?

You can change solicitor at any stage of the conveyancing process. There is no legal restriction on when you can switch, whether you are at the very beginning, midway through enquiries, or even after exchange of contracts.

That said, timing matters. Switching earlier in the process is simpler and cheaper because less work has been completed. The later you switch, the more you are likely to pay your original solicitor for work already done, and the longer it will take your new firm to get up to speed.

Common stages where sellers consider switching:

• Before the contract pack is issued — the easiest time to switch, with minimal wasted work
• During pre-contract enquiries — more disruptive, but still manageable
• After enquiries are completed but before exchange — significant work to review, but not contractually bound
• After exchange of contracts — possible but risky, as you are bound by a completion deadline

Common reasons sellers switch solicitor

Most sellers do not switch solicitor on a whim. The decision usually follows weeks of frustration. The most common reasons include:

• Poor communication — not returning calls or emails for days or weeks at a time. If this sounds familiar, our guide on what to do about a slow solicitor covers the steps to take before switching.
• Unexplained delays — the transaction is not progressing and you cannot get a clear answer as to why
• Errors or negligence — mistakes in paperwork, missed deadlines, or failing to act on instructions
• Personality or trust breakdown — you have lost confidence in your solicitor's ability to handle the sale
• The solicitor handling your case has left the firm — you were assigned to a new person you are not comfortable with
• Unexpected fee increases — charges appearing that were not in the original quote

Before switching, it is always worth raising your concerns formally with the firm. Many issues can be resolved by escalating to a senior partner. If that fails, you can make a formal complaint through the firm's internal complaints procedure. Switching should be a last resort, not a first reaction.

The handover process: step by step

If you have decided to switch, here is what happens:

1. Instruct your new solicitor

Before notifying your current solicitor, find and formally instruct your replacement. Your new solicitor will need to carry out the usual onboarding steps — identity verification, anti-money laundering checks, and a conflict of interest check. See our guide on how to instruct a solicitor for selling for what this involves.

2. Notify your current solicitor in writing

Write to your current solicitor (email is fine) confirming that you are terminating their retainer and instructing them to transfer your file to your new firm. Include the name, address, and reference number of your new solicitor. Keep the tone professional — you may need their cooperation for a smooth handover.

3. Your current solicitor prepares the file for transfer

Under the SRA Standards and Regulations, your solicitor must hand over your file promptly. This includes all correspondence, the draft contract pack, title documents, enquiries raised and answered, and any searches or reports. The only reason they can delay is if you owe them money — they have a legal right known as a "solicitor's lien" to hold the file until outstanding fees are settled.

4. Your new solicitor reviews the file

Once the file arrives, your new solicitor will review everything from scratch. They are professionally obligated to satisfy themselves that all work done to date is accurate and complete. This review period is what causes most of the delay — typically one to two weeks depending on the complexity of the transaction.

5. The buyer's solicitor is notified

Your new solicitor will write to the buyer's solicitor confirming they have taken over conduct of the sale. This letter provides the new firm's contact details, reference number, and bank account details for the completion funds. The buyer's solicitor will update their records accordingly.

6. Your mortgage lender is notified

If you have a mortgage, your new solicitor must also notify your lender and confirm they are authorised to act on the redemption. This is straightforward provided the new firm is on your lender's approved panel.

How much does switching solicitor cost?

Switching solicitor is not free. You will typically face costs from both your old and new firms. Here is a realistic breakdown:

In the worst case, you could end up paying almost double the normal conveyancing costs. For a typical freehold sale, switching might add £500 to £1,500 to your total legal bill.

No sale no fee agreements

If you signed a "no sale no fee" retainer with your original solicitor, you may not owe them a legal fee for the abortive work. However, you will still be liable for any disbursements they have already paid on your behalf. Check the exact wording of your retainer letter carefully — some firms include a "termination fee" clause that applies if you switch to another firm rather than abandoning the sale entirely.

How long does switching take?

The total delay depends on where you are in the process and how cooperative your original solicitor is. Here is a rough timeline:

Total typical delay: two to four weeks. If there are complications — such as a disputed fee with your old solicitor or searches that need reordering — it could take longer.

What happens to work already done?

Work completed by your original solicitor does not disappear. Your new solicitor receives the full file, which should include:

• The draft contract pack and any amendments
• Title documents obtained from HM Land Registry
• All correspondence with the buyer's solicitor, including enquiries raised and replies sent
• Property information forms (TA6, TA7, TA10) you have completed
• Any property searches ordered on your behalf
• Mortgage redemption statements
• Notes on any issues or complications identified during the transaction

However, your new solicitor is not obliged to rely on the previous firm's work without verification. They will review key documents independently and may re-raise enquiries or request updated information. This is a professional safeguard — your new solicitor is now personally responsible for the accuracy of the transaction.

SRA file transfer obligations

The Solicitors Regulation Authority (SRA) sets clear rules about file transfers. Under the SRA Code of Conduct for Solicitors, your solicitor must:

• Act in your best interests, which includes facilitating a smooth transfer to your new firm
• Hand over your file and all related documents promptly upon receiving your written instructions
• Not create unnecessary barriers to the transfer
• Provide a final bill for work completed, including a breakdown of fees and disbursements

The solicitor's lien

There is one important exception. A solicitor has a common law right known as a "lien" to retain your file until you have paid any outstanding fees. In practice, this means they can hold the paperwork hostage if you owe them money.

If you are in a dispute about the bill, the Legal Ombudsman can intervene. In urgent cases — for example, where a completion deadline is imminent — the SRA may also step in to ensure the file is released. If you believe your solicitor is holding your file unreasonably, you can report the matter to the SRA directly.

Mortgage lender panel considerations

If you have a mortgage on the property you are selling, your solicitor must be on your mortgage lender's approved panel to handle the redemption. Most large, established firms are on the panels of all major UK lenders (Nationwide, Barclays, HSBC, Santander, NatWest, and so on).

However, smaller or specialist firms may not be on every panel. Before you instruct a new solicitor, confirm the following:

• Ask the new solicitor whether they are on your lender's panel
• Check with your lender directly if you are unsure
• If the new firm is not on the panel, you may need a separate solicitor to handle the mortgage redemption, which adds cost and complexity

This is a step sellers frequently overlook, and it can cause significant problems if discovered late in the process.

Notifying the other side

You do not need to tell the buyer directly that you are switching solicitor. Your new firm handles this as part of the handover process. Specifically:

• Your new solicitor writes to the buyer's solicitor confirming the change of representation
• They provide updated contact details and their client account information for the transfer of completion funds
• The buyer's solicitor updates their file and sends all future correspondence to the new firm

While the buyer does not need to approve the switch, be aware that a change of solicitor mid-transaction can make the other side nervous. They may wonder whether something is wrong with the sale. Your estate agent can help reassure the buyer that the transaction is still on track.

When you should NOT switch solicitor

Switching is not always the right answer. There are situations where the disruption and cost outweigh the benefits:

• You are very close to exchange — if exchange is days away, switching could delay the transaction by weeks and risk the sale falling through entirely
• The issue is a one-off problem — a single missed email or delayed response does not necessarily mean your solicitor is incompetent. Raise it with the firm first.
• You are switching because of price alone — the cost of switching (duplicate fees, delays) almost always outweighs any saving on the conveyancing fee itself
• After exchange of contracts — you are contractually bound to complete by a specific date. Any delay could put you in breach of contract, potentially exposing you to financial penalties
• The problem is with the buyer's solicitor, not yours — if the delay is on the other side, switching your own solicitor will not fix it

If you are unsure whether switching is the right move, consider speaking to another solicitor for a second opinion before committing. Many firms will offer a brief free consultation.

How to choose your new solicitor

If you are switching because of a bad experience, it is worth being more thorough with your second choice. Here are the key things to check:

1. Verify their regulation. Check the firm is registered with the SRA or the Council for Licensed Conveyancers (CLC).
2. Check their lender panel membership. Confirm they are on your mortgage lender's panel before you instruct.
3. Ask about their caseload. One of the main reasons solicitors underperform is that they are handling too many cases at once. Ask how many active files the person handling your sale will have.
4. Look for CQS accreditation. The Law Society's Conveyancing Quality Scheme is a recognised quality mark for residential conveyancing firms.
5. Read recent reviews. Check Google, Trustpilot, and the ReviewSolicitors platform for genuine client feedback.
6. Get a clear fee quote. Ask for a total cost breakdown including VAT, all disbursements, and any supplements. Our guide on conveyancing costs explains what to look for.
7. Ask about their communication policy. A good firm will tell you how often they will update you and what their response time target is. If the answer is vague, keep looking.

What to do if your solicitor will not release your file

In most cases, the file transfer goes smoothly. But if your original solicitor is dragging their feet or refusing to cooperate, you have options:

1. Put your request in writing. Send a formal letter or email requesting the file transfer, citing the SRA Code of Conduct. Keep a copy for your records.
2. Pay any outstanding fees. If the firm is exercising a lien, settle the bill to remove the obstacle. You can dispute the amount afterwards through the Legal Ombudsman if you believe it is unfair.
3. Complain to the firm. Use the firm's internal complaints procedure. All SRA-regulated firms must have one.
4. Contact the SRA. If the firm continues to obstruct the transfer, report them to the SRA. Obstructing a file transfer is a regulatory matter.
5. Contact the Legal Ombudsman. The Legal Ombudsman can investigate complaints about poor service, including unreasonable delays in releasing files.

Tips to minimise disruption when switching

If you have decided to switch, these steps will help keep the delay to a minimum:

• Instruct your new solicitor before notifying the old one. This means the new firm is ready to receive the file as soon as it is sent.
• Keep copies of everything. If you have copies of your completed property forms (TA6, TA7, TA10), title documents, or correspondence, share these with your new solicitor immediately. It speeds up the review.
• Pay outstanding fees promptly. Do not let a fee dispute hold up the file transfer. Pay first, dispute later if needed.
• Ask your new solicitor to chase the transfer. A proactive solicitor will follow up with the old firm to ensure the file is sent without unnecessary delay.
• Keep your estate agent informed. Let them know what is happening so they can manage the buyer's expectations and prevent the sale from collapsing.
• Do not switch if exchange is imminent. If you are within a week or two of exchanging, the risk of derailing the sale usually outweighs the benefit of a better solicitor.

Do you still pay if the sale falls through after switching?

If your sale falls through after you have switched solicitor, you may end up paying both firms. Your original solicitor will charge for work done before the transfer. Your new solicitor may charge for their work depending on whether they offer a no sale no fee guarantee.

This is one of the risks of switching — you are effectively doubling your exposure to abortive costs. It is another reason to exhaust other options (escalating complaints, requesting a different handler within the same firm) before pulling the trigger.

Sources and further reading

• SRA Standards and Regulations (Solicitors Regulation Authority)
• Problems with your solicitor (Solicitors Regulation Authority)
• Legal Ombudsman (legalombudsman.org.uk)
• Find a Solicitor (Law Society)
• Conveyancing Quality Scheme (CQS) (Law Society)
• Find a Licensed Conveyancer (Council for Licensed Conveyancers)
• ReviewSolicitors (independent solicitor review platform)

Frequently asked questions