Should You Instruct a Solicitor Before Making an Offer on a House?

You do not legally need a solicitor to make an offer on a house, but instructing one early is one of the best ways to avoid delays later. In England and Wales an offer is “subject to contract”, which means it is not legally binding until contracts are exchanged. Lining up your conveyancer before you offer helps the whole purchase move quickly once your offer is accepted.

Do you need a solicitor before making an offer?

Not to make the offer itself, that goes through the estate agent. But having a conveyancer ready means you can instruct them the moment your offer is accepted, rather than losing days or weeks finding one. In a competitive market, sellers and agents often favour buyers who look organised and ready to proceed, so being prepared can strengthen your position.

What does “subject to contract” mean?

It means that until contracts are formally exchanged, neither you nor the seller is legally committed. Either side can change their mind, renegotiate or pull out. This protects you while searches, surveys and enquiries are carried out, but it also means a deal can fall through before exchange, which is why moving efficiently matters.

How do you make an offer?

Before offering, it helps to:

• Research recent sale prices for similar properties in the area
• Arrange a mortgage agreement in principle, so you know your budget and look credible
• Make your offer in writing through the agent, stating that it is subject to contract and survey

You can offer below, at, or above the asking price depending on the market and the property’s condition.

What happens after your offer is accepted?

Once your offer is accepted, you instruct your conveyancer, who orders property searches, raises enquiries with the seller’s solicitor, and reviews the contract and title. You arrange your survey and finalise your mortgage. When everyone is satisfied, contracts are exchanged, making the deal binding, and a completion date is set, on which the money is transferred and you collect the keys. You can read more on our buying a property page.

What kind of survey should you consider?

A mortgage valuation is for the lender’s benefit and does not tell you about the property’s condition. For your own peace of mind, consider a more detailed survey, a homebuyer report for most modern homes, or a full building survey for older, larger or unusual properties. Picking up problems before exchange gives you the chance to renegotiate or withdraw.

What is gazumping, and can you avoid it?

Gazumping is when a seller accepts a higher offer from another buyer after already accepting yours, before contracts are exchanged. Because the deal is not binding until exchange, this is lawful. You can reduce the risk by moving quickly, keeping in close contact with the agent, and asking the seller to take the property off the market once your offer is accepted.

Buying in Wales

If you are buying in Wales, you pay Land Transaction Tax (LTT) rather than Stamp Duty Land Tax. The rates and thresholds differ from those in England, so it is worth checking what you will owe at an early stage. Our conveyancing team will set out your likely costs clearly at the outset.

Getting ready to buy

Instructing a conveyancer early gives you a head start and fewer surprises later. To get a clear quote and have everything in place before you offer, see our conveyancing service or request a callback.