Residential Conveyancing Basics · · 11 min read
What Does Instructing a Conveyancer Actually Mean
"Instructing a conveyancer" is a phrase everyone uses but few people explain. This guide breaks down exactly what it involves, when to do it, and what happens next.
Instructing a conveyancer simply means formally appointing a solicitor or licensed conveyancer to act for you on a property sale or purchase, giving them the legal go-ahead to start work on your behalf. It usually involves confirming you want to proceed, providing identification and proof of funds, signing a client care letter, and paying an initial fee on account. From that point on, they're legally engaged to manage the transaction for you, from the first contract review right through to completion.
If you've never bought or sold a house before, "instructing a conveyancer" can sound like one of those phrases estate agents throw around assuming everyone already understands it. You don't, and there's no reason you should, until you actually need to. It's one of those bits of property jargon that sounds more complicated than the reality behind it.
Quick disclaimer before we carry on: I'm writing this as a blogger who researches and explains the conveyancing process, not as a solicitor or licensed conveyancer myself. Nothing here is personal legal advice, just general information to help you understand what's coming and feel a bit more prepared when you do instruct someone.
This guide walks through exactly what instructing a conveyancer involves, what happens before and after you do it, what information you'll need to have ready, and the common questions people have about timing and cost.
Table of contents
- What instructing a conveyancer actually means
- When you should instruct a conveyancer
- What information and documents you'll need ready
- What happens step by step after you instruct someone
- Understanding the client care letter and terms of engagement
- How instructing a conveyancer relates to costs and fees
- Can you change your mind after instructing someone
- Choosing who to instruct in the first place
- FAQs about instructing a conveyancer
- Summary and what to do next
What instructing a conveyancer actually means
In plain terms, instructing a conveyancer is the moment you move from "shopping around for quotes" to "this person is now legally acting for me". It's a formal appointment, not just a conversation or an informal enquiry.
What changes the moment you instruct someone
- They open a file for your transaction and begin work on your behalf
- They become your legal representative for the sale or purchase
- They start requesting documents from the other side, such as the draft contract or title information
- You become their client, with all the duties of care and confidentiality that come with that relationship
Up until this point, you might have spoken to several firms, compared prices, and asked general questions. Instructing one of them is the point where it stops being general and starts being your specific case.
It's a bit like the difference between chatting to a few builders about a job and actually signing off on a quote and handing over a deposit for the work to start. The conversations beforehand are useful and cost you nothing. The moment you instruct, you've made a commitment, and so have they, which is exactly why it's worth being reasonably sure about your choice before you get to this stage rather than treating it as a formality to rush through.
When you should instruct a conveyancer
Timing matters more than people expect. Instructing too late can genuinely slow your transaction down, since a lot of groundwork can be done even before you have an accepted offer.
Good moments to instruct a conveyancer
- As soon as you put your house on the market, if you're selling
- As soon as your offer is accepted, if you're buying
- Before you've had an offer accepted, if you want to get identity checks and paperwork out of the way early
- As early as possible if you're part of a chain, since delays tend to cascade
Some buyers wait until they've had an offer accepted before even getting quotes, which is understandable but can cost you a week or two of otherwise avoidable delay. There's nothing wrong with instructing early and having a conveyancer ready to go the moment you need them.
The reasoning behind instructing early is fairly simple once you think it through: your identity checks, proof of funds, and initial paperwork don't depend on which property you end up buying. Getting all of that sorted while you're still viewing houses means that the moment an offer is accepted, your conveyancer can move straight to requesting the contract pack rather than starting the administrative groundwork from scratch. In a competitive market, that head start can genuinely make a difference to how quickly things progress.
What information and documents you'll need ready
Conveyancers are legally required to verify who you are and where your money is coming from, so a chunk of the early instruction process is really just gathering paperwork.
Typical documents and information requested
- Photo identification, such as a passport or driving licence
- Proof of address, like a recent utility bill or bank statement
- Proof of funds, showing where your deposit or purchase money is coming from
- Mortgage offer details, once available, if you're borrowing to buy
- Details of the property and the other side's estate agent or conveyancer
- National Insurance number and, sometimes, details of any gifted deposit
None of this is unusual or specific to any one firm. It's part of anti-money laundering regulation that applies across the industry, so expect broadly the same requests whichever conveyancer you choose.
It can feel slightly intrusive the first time you're asked to explain exactly where a five figure sum of money came from, particularly if it's a gift from a parent or the proceeds of an inheritance. It's worth knowing upfront that this isn't your conveyancer being nosy or suspicious of you specifically. It's a legal obligation that applies to every client on every transaction, regardless of how straightforward or trustworthy the situation obviously is, so try not to take it personally when the questions come.
What happens step by step after you instruct someone
Once you've instructed a conveyancer, things generally move in a fairly predictable order, even if the exact pace depends on your chain and how quickly documents come through.
A rough sequence of events
- You sign the client care letter and pay any money on account requested
- Identity and anti-money laundering checks are completed
- If you're buying, your conveyancer requests the draft contract pack from the seller's side
- If you're selling, your conveyancer prepares the contract pack to send out
- Searches are ordered, and enquiries are raised or answered
- Your conveyancer reports to you on the findings, and you agree a completion date
- Contracts are exchanged, making the transaction legally binding
- Completion takes place, funds move, and keys are released
You don't need to remember every individual step. What's worth knowing is that instructing someone kicks off a fairly structured chain of events, most of which happens behind the scenes rather than requiring constant input from you.
That said, "behind the scenes" doesn't mean you'll hear nothing for weeks on end. A conveyancer who's actually doing their job properly should be updating you at each meaningful stage, even if there's genuinely nothing to report beyond "we're still waiting on the local authority search." Silence for long stretches is usually more a sign of poor communication habits than anything sinister, but it's still worth flagging if it happens, rather than assuming no news is automatically good news.
Understanding the client care letter and terms of engagement
One of the first documents you'll receive after instructing a conveyancer is a client care letter. It's not just a formality; it sets out exactly what you're agreeing to.
What a client care letter usually covers
- The scope of work the conveyancer will carry out on your behalf
- The fee structure, including what's fixed and what might be charged as an extra
- Who specifically will be handling your file, and how to contact them
- The firm's complaints procedure, should anything go wrong
- Confirmation of regulatory status, whether that's the SRA or the CLC
It's worth actually reading this rather than skimming past it, since it's the document that tells you what you're paying for and what falls outside the agreed scope of work, which can matter later if anything unexpected comes up.
A lot of people sign this letter without really absorbing it, largely because it arrives alongside a stack of other paperwork at a point when you're focused on the excitement of the move itself. It's worth setting aside ten minutes specifically for this document, though, because it's genuinely the clearest statement you'll get of what your conveyancer has agreed to do, how much it will cost, and what happens if something outside that scope comes up later in the transaction.
How instructing a conveyancer relates to costs and fees
Instructing someone doesn't necessarily mean paying the full fee upfront. Most firms ask for a smaller amount on account at the start, with the balance due later, often at completion.
What to check about costs before instructing
- Whether the quote is a fixed fee, and exactly what it includes
- What happens to the fee if the transaction falls through before completion (a "no completion, no fee" policy is common but not universal)
- Which disbursements, like search fees and Land Registry fees, are additional
- Whether there's a fee for a mortgage element, if you're borrowing to buy
- Any charge for identity verification or anti-money laundering checks
Getting a clear, itemised quote before you instruct someone is far easier than trying to query individual charges after the fact, so it's worth asking for this in writing rather than relying on a verbal estimate.
It's also sensible to ask directly how disbursements are billed. Some firms ask you to pay these as they arise throughout the transaction, while others roll everything into a single bill nearer completion. Neither approach is wrong, but knowing which one you're dealing with helps you budget properly rather than being caught out by a request for a search fee midway through, when you assumed the fixed quote had already covered everything.
Can you change your mind after instructing someone
Yes, you generally can change conveyancer partway through a transaction, though it's not always straightforward and it can cause delay, so it's worth thinking it through rather than switching on impulse.
Things to consider before switching
- Any work already done may need to be paid for, even if you don't complete with that firm
- Handover of your file to a new conveyancer takes time, and can push back your completion date
- If you're in a chain, switching partway through can affect other people's timelines too, not just your own
- It's worth understanding exactly why things aren't working before assuming a new firm will necessarily be faster or better
Sometimes switching is genuinely the right call, particularly if communication has broken down completely. Other times, a direct conversation about what's frustrating you resolves things without the disruption of starting again with someone new.
Choosing who to instruct in the first place
Since instructing someone is a genuine commitment, it's worth putting a bit of thought into who you choose, rather than picking whoever happens to be cheapest or first to reply.
Things worth checking before you instruct
- Whether they're properly regulated (SRA or CLC), and registered on the relevant public register
- Whether they have real, specific experience with your type of property, such as leasehold or new-build
- How they communicate, and whether that suits how you like to be kept updated
- Whether you'll have a named point of contact, rather than a rotating team
- What other people say about their reliability, particularly around communication
A bit of upfront research before instructing someone tends to pay off later, especially if your transaction turns out to be anything other than perfectly straightforward.
It's tempting to instruct whoever your estate agent recommends without looking any further, purely because it feels like the path of least resistance. There's nothing wrong with taking a recommendation as a starting point, but it's still worth getting at least one comparison quote and checking reviews independently, rather than assuming a referral automatically means the best fit for your particular transaction.
FAQs about instructing a conveyancer
Does instructing a conveyancer cost money straight away?
Often yes, many firms ask for a payment on account at the point of instruction, though the amount and timing vary from firm to firm.
Can I instruct a conveyancer before I've found a property to buy?
Yes, some buyers instruct a conveyancer early so that identity checks and paperwork are already sorted by the time an offer is accepted, which can save time later.
What happens if I instruct a conveyancer and then the sale falls through?
It depends on the firm's terms. Many operate a no completion, no fee policy for the legal fee itself, though disbursements already paid, like search fees, may not be refundable.
Is instructing a solicitor different from instructing a licensed conveyancer?
The process itself is very similar. Both involve a client care letter, identity checks, and a formal agreement to act, regardless of which type of regulated professional you choose.
How long after instructing a conveyancer does the process take?
It varies a lot depending on the chain and complexity, but eight to twelve weeks from instruction to completion is a commonly cited rough timeframe for a straightforward residential transaction.
Do I need to instruct a conveyancer myself, or can my estate agent do it?
You need to instruct your own conveyancer directly. An estate agent can recommend firms, but the legal relationship and instruction has to come from you as the client.
Summary and what to do next
- Instructing a conveyancer means formally appointing them to act for you, moving from enquiry to an active legal relationship
- It typically involves identity checks, proof of funds, and signing a client care letter setting out fees and scope
- Instructing early, even before an offer is accepted, can help avoid unnecessary delay later on
- The client care letter is worth reading properly, since it sets out exactly what you're paying for
- You can switch conveyancer partway through if needed, though it's worth weighing up the potential delay first
As mentioned at the start, I'm approaching this purely as someone who writes about the conveyancing process, not as a solicitor or licensed conveyancer, so please treat this as general orientation rather than advice about your own transaction. Speaking directly to a regulated professional is always the right next step for anything specific to your situation.
Need help or have questions?
I'm not in a position to give legal advice myself, but I can point you towards other guides on this site that go deeper into related topics, like choosing a conveyancer or understanding the costs involved.
If there's something specific to your own move that you'd like answered, our contact form is the quickest way to reach us. Send your question through and we'll get back to you.
This article is intended as general blog content rather than professional advice from a law firm. For guidance tailored to your own purchase or sale, please consult a qualified solicitor or licensed conveyancer.