Top 10 causes of delays to the conveyancing process

Many causes of delays in a property transaction are out of the control of your conveyancer. They are typically due to the complexity of the property, the chain, or waiting on documents from other parties. It is important to understand the number of issues that can impede the process.

To help potential home buyers or sellers understand the process, we have put together a list of the top ten causes of delays and top tips to help minimise the time it takes to complete.

1. Returning initial papers, identification and transferring funds to your conveyancer 

Without instruction papers beings returned, identification supplied and initial monies supplied on account, no work can be started and therefore, the conveyancer's initial requests must be undertaken as soon as possible for the sake of everyone in the chain.

2. Waiting for the mortgage valuation and/or a survey to be completed

The seller will have to be contacted in order to allow access for the inspection to be carried out. It will be in the seller's best interest to be flexible and grant access at the earliest opportunity.

3. Obtaining leasehold packs from third-party managing agents

In a leasehold transaction, the buyer will request complete information from the seller concerning the management of the freehold block in which the leasehold property is situated. This information is often supplied by the managing agents who act on behalf of the freeholder. The managing agents can take their time in producing the full information supplied due to the volume of what is required.

4. Providing incorrect information on mortgage application forms

This causes delays as new applications must be arranged and new mortgage offers must be produced from the lender, who will have many other applications to consider at the same time.

5. Not declaring gifted deposits or necessary source and origin of funds information at the outset

This causes a delay as lenders will need time to consider the request and respond. If the funds are being provided elsewhere, the conveyancer will provide a list of evidence that must be supplied prior to accepting money from them. Should the information not be forthcoming from the outset, it can result in significant delays as the conveyancer will be unable to proceed without it. The buyer's conveyancer is required by law to ask their purchaser where the monies for the purchase are coming from. If there is a gift being used alongside a mortgage, the conveyancer will have to report this to the lender and await their approval.

6. Mortgage offer expiring before exchange of contracts

The purchaser must keep an eye on the expiry date of the mortgage offer as failing to do such may result in the transaction reaching the point of exchange and then having to reapply for another mortgage offer.

7. The seller not supplying complete or adequate replies to the enquiries that the buyer's conveyancer raises

When dealing with enquiries, the seller must ensure that their replies are accurate, providing clarity for the buyer. Should adequate replies not be supplied, further enquiries will be raised for the seller to answer, which causes delay and frustration on both sides.

8. Receiving responses and legal documents from others in the chain

The replies to the buyer's enquiries will need to come from the seller through their conveyancer, as the buyer cannot rely on a third-party disclosure.

9. Others in the chain not being ready to exchange or having different time scales

The chain can only move as fast as the slowest link. This must be understood as without the chain moving at the same pace, and delays will inevitably occur.

10. Not signing required legal documents on time

The conveyancer will instruct their client as to where to place their signature within the contract documentation. Failing to read the instructions carefully may result in the papers having to be returned.

Contact our solicitors and licensed conveyancers

Our team of residential property solicitors and licensed conveyancers in Brighton, Eastbourne, London, Hastings and Uckfield can help you understand the conveyancing process.