Do I really need a lawyer?

It is no longer essential that a lawyer be involved in a conveyancing transaction. Lawyers used to be the only people able to transfer property titles, which made it impossible to purchase a property without employing a legal professional. However, this is no longer the case, and it is now possible, in theory, to manage the legal side of things yourself. There are a number of resources you can use if you opt to conduct the transaction independently, including websites and books, many written by lawyers who wish to make legal help more accessible to the general public.

However, the conveyancing process can be long-winded and complicated, and it may be worth employing a lawyer to avoid the risk of getting cheated or missing a vital detail. The seller could take you to court if you breach your contract, so it is essential that the terms of the contract are watertight.

Sellers are not legally obliged to inform the purchaser of any problems with the property, although they are required to answer truthfully any questions put to them by the buyer. (The buyer's rights are protected by the Property Misdescriptions Act 1991). Therefore, it is important that all searches relating to potential problems with the site and building are exhaustive. From June 2007, sellers will be legally required by the Government to provide a Home Information Pack to all potential buyers. This will include useful information and should save time on preliminary searches: it should make the process easier for the purchaser and decrease the number of failed transactions. The Government has brought in this new policy as part of the Consumers, Estate Agents and Redress Bill, in response to a feeling that the process of buying a house in England and Wales was unnecessarily stressful, complicated and time consuming.

How much does it cost to employ a lawyer when purchasing a property?

Buying a lawyer's time and services can be expensive; most of the people who choose to undertake the legal side of things themselves do so because of financial considerations. Although some lawyers might choose to charge you a percentage of the property value, like an estate agent, the majority will just charge you a fee which covers their time, plus administrative costs for drawing up contracts etc, and tax. As a general rule, buying a property will cost you from £800 to £1200 in legal fees. This may seem like a lot of money, but it pales into insignificance when compared with the total amount of money you will be spending on a house.

Most people consider it money well spent, given the fact that you can then leave much of the hassle and legal jargon to the lawyers rather than having to tackle it yourself. Missing a vital detail in the legal process, such as the discovery of an in-valid leasehold or a problem with dry rot, could result in you losing much of the money that you invested in your property, and could potentially leave you homeless!

What about renting? How can a solicitor help me?

The majority of residential lettings take place without the involvement of a lawyer. However, you might wish to take legal advice if you are concerned about any of the terms of the contract or the state of the property.

If you are treated unfairly by a landlord or feel a contract has been breached then a lawyer can help you to determine what your rights are and to ensure that your landlord affords you those rights. Your local council and the Citizens Advice Bureau can also provide support and advice in relation to problems with a private landlord.