Guide

Selling a home: the legal process

Last updated: 9 October 2017

Conveyancing and settlement

After the missives have been sent and a deal has been agreed, your solicitor will start the 'conveyancing'.

This means they will go through the legal process that transfers ownership of the home from you to the buyer.

As part of this, the buyer's solicitor will inspect the deeds to your home and make sure:

  • you actually own the home
  • there are no unusual conditions in the deeds that may affect the buyer
  • the buyer is aware of any burdens in the deeds (legal limitations, like not being allowed to build a fence on the property)

If you have a mortgage, you have to repay the loan before anyone else can buy your home. Your solicitor will arrange the repayment.

The disposition

One of the last steps in the process is the 'disposition', which is a contract written up by the buyer's solicitor.

This is a legal document that transfers ownership of the home from you to the buyer.

Once the buyer's solicitor writes the disposition, your solicitor will check it and make sure it's all right before agreeing to it.

Just before the settlement (the day the buyer becomes the owner), you should sign the disposition and arrange handing over the keys.

Selling a home: the legal process
Conveyancing and settlement