For most first-time buyers, purchasing a home is the biggest financial commitment they’ll ever make. It’s a milestone filled with excitement, stress, and a seemingly endless amount of paperwork. That’s why expert legal guidance isn’t just helpful—it’s essential.
In a recent episode of Listen Without Prejudice, Mark Chick, Senior Partner at Bishop & Sewell, and Senior Associate Charlie Davidson—better known as the Hound of Holborn—one of the firm’s leading conveyancers, tackled the key issues first-time buyers should consider before signing on the dotted line.
The Homebuying Process: Where Does a Lawyer Fit In?
A common misconception among buyers is that once an offer has been accepted, the hard work is done. In reality, the legal process is just beginning. From title checks to mortgage arrangements, conveyancing is a complex procedure, and missteps can be costly.
A solicitor’s role goes beyond processing paperwork. They interrogate the title to determine exactly what the buyer is purchasing, ensuring there are no hidden issues—such as restrictive covenants, unclear boundaries, or disputes that could cause problems later.
Understanding What’s Included in the Sale
Buyers often assume that fixtures and fittings—such as white goods, light fittings, or even garden sheds—are automatically included in the sale. In reality, everything is negotiable, and it’s crucial to clarify these details before contracts are exchanged.
“One buyer once asked if the seller’s cat was included in the purchase,” recalls the Hound of Holborn. “While that was obviously a no, it highlights the importance of asking questions early.”
Funding the Purchase: The Mortgage and The Bank of Mum & Dad
Securing a mortgage is a key step, but many buyers now also rely on family contributions. The so-called ‘Bank of Mum & Dad’ is now one of the top 10 lenders in the UK. However, parental contributions can raise legal complications, particularly if a buyer is purchasing with a partner. A solicitor can help structure agreements to protect family investments and avoid disputes in the future.
Surveyors and Buyer Beware
A solicitor ensures the legal title is sound, but when it comes to the structure of the property, that’s where a surveyor comes in. Issues such as damp, subsidence, or roof damage won’t be covered by legal checks alone, and if problems arise, a buyer may have the opportunity to renegotiate the price.
“Caveat emptor—buyer beware—is still the fundamental rule,” says Mark Chick. “If a buyer skips a survey and later discovers defects, they will have little recourse unless they can prove misrepresentation.”
Exchange, Completion, and the Point of No Return
Until exchange of contracts, either the buyer or seller can walk away without legal consequences. However, once contracts are exchanged, the buyer is committed. If they pull out at this stage, they risk losing their deposit.
At exchange, the solicitor will provide a Report on Title, outlining key details about the property, including rights of way, flood risks, or leasehold terms. Ensuring all questions are answered at this stage is crucial.
Completion is the final step, where the buyer takes ownership and can officially collect the keys. From that moment, they can change the locks, set up council tax, and arrange utilities—but legal responsibilities don’t end there. Registration with HM Land Registry must be completed, and keeping legal documents secure is important for future reference.
Why the Right Legal Team Matters
First-time buyers face an overwhelming process, but having the right legal team makes all the difference. A skilled conveyancer ensures potential pitfalls are avoided, legal rights are protected, and the transaction proceeds as smoothly as possible.
For expert advice on navigating the homebuying process, listen to the latest episode of Listen Without Prejudice, available on:
Listen Without Prejudice | A Podcast from Bishop & Sewell Podcast – Apple Podcasts
Listen Without Prejudice | A Podcast from Bishop & Sewell | Podcast on Spotify
Contact our Property team
For more information about Bishop & Sewell’s property services please contact Mark Chick Senior Partner; Head of the Landlord & Tenant team or Charlie Davidson Senior Associate in the firm’s Residential Property team: mchick@bishopandsewell.co.uk / cdavidson@bishopandsewell.co.uk Tel: 0207 631 4141 or follow Charlie on LinkedIn.
The above is accurate at 28 February 2025. The information above may be subject to change.
The content of this note should not be considered legal advice and each matter should be considered on a case-by-case basis.
