How-to

When should I instruct my solicitor after an offer?

Published 17 July 2026 · 6 min read · By Evren Ergin

Instruct your solicitor the moment you have accepted an offer, ideally the same day, because getting the legal work moving early is the single biggest thing you can do to keep your sale on track. Instructing a solicitor is cheap and easily paused, so it is one of the few big steps you can safely take before your buyer has proved they are serious.

TL;DR

  • Instruct your solicitor as soon as your offer is accepted, ideally the same day, to get ID checks and the draft contract moving.
  • Around one in four agreed UK sales fall through, and about 38% of those collapse in the first four weeks, so the early days matter most.
  • Instructing a solicitor is low cost and low risk, so it is safe to do before the buyer has spent anything.
  • Hold back the bigger, harder-to-reverse steps, such as paying for leasehold packs or taking the home off the market, until the buyer has shown real commitment.
A for sale board outside a house on a UK residential street
Photo: A McCarron, Geograph/Wikimedia Commonswikimedia

It feels sensible to wait. The offer is accepted, nothing is certain yet, and instructing a solicitor sounds like committing money before you know the buyer is real. In practice, waiting does not protect you, and it quietly costs you the thing that keeps sales alive: time. Here is how to move early without exposing yourself.

Why should I instruct my solicitor straight away?

Instructing a solicitor simply means formally telling a conveyancer to start acting for you on the sale. The moment they are instructed, the slow parts can begin: identity and anti-money-laundering checks, opening the file, and preparing the draft contract and property forms. None of that is fast, and none of it can start until you say go. Getting your solicitor, and your mortgage broker if you are buying onward, running on the same day is the single most effective way to shorten the whole timeline (HomeOwners Alliance, 2026).

How long does the legal work take?

For most sales in England and Wales, conveyancing takes roughly 10 to 16 weeks from an accepted offer to completion, with straightforward chain-free freehold sales at the faster end and leasehold or long-chain sales at 16 to 20 weeks or more (HomeOwners Alliance, 2026). A lot of that time is spent waiting on third parties, which is exactly why an early start matters.

Typical conveyancing stages and timing, 2026 (HomeOwners Alliance)

StageTypical time
Solicitor instructed, ID and money-laundering checksFirst few days
Draft contract and property forms prepared2 to 10 weeks
Local authority searches returnedAbout 10 working days, but some councils take 25 or more
Buyer's mortgage offer and survey2 to 6 weeks, running alongside
Exchange to completionUsually about 1 week, set by agreement

Won't I waste money if the sale falls through?

This is the real worry behind the question, and it deserves a straight answer. Instructing a solicitor is one of the cheapest early steps you can take. Many conveyancers work on a no sale, no fee basis for their own charges, and the opening work of ID checks and drafting costs little. So the downside of starting early is small. Around one in four agreed UK sales still fell through in early 2026, at a rate of 23.7% in the first quarter (PropertyWire, May 2026), which is precisely why you want the process already moving rather than only beginning once you feel safe.

What should I wait for before spending more or coming off the market?

Early momentum is cheap. The costly, hard-to-reverse moves are where you protect yourself, and the trick is to move in step with your buyer rather than run ahead of them. Judge a buyer by what they have spent and instructed, not by what they say. About 38% of fall-throughs happen in the first four weeks, with weeks one and two the highest risk (PropertyWire, May 2026), so let the buyer show real commitment before you take on real cost.

  • Signs of real commitment: their own solicitor instructed and paid, searches ordered, a full mortgage application submitted rather than just an agreement in principle, and a survey booked.
  • Cheap and reversible, safe to do now: instruct your solicitor, complete your ID checks, fill in your property forms, and get your paperwork together.
  • Costly or hard to reverse, worth gating on the buyer's commitment: paying for leasehold or management information packs, and taking your home fully off the market.

What to do now versus what to gate on the buyer's commitment

Do now (cheap, reversible)Wait until the buyer is committed
Instruct your solicitor and pass ID checksPay for leasehold or management packs
Complete the TA6 and other property formsTake the home fully off the market
Gather guarantees, certificates and title papersCommit to your own onward purchase deadlines

How do I instruct a solicitor, step by step?

  1. 1. Line up your conveyancer before you accept

    Choose your solicitor while the home is on the market, so you can move the same day an offer comes in.

  2. 2. Instruct them the day the offer is accepted

    Formally tell them to act, rather than leaving it a week while momentum drains away.

  3. 3. Clear the checks quickly

    Complete their identity and anti-money-laundering checks straight away, as nothing can progress until these are done.

  4. 4. Fill in the property forms early

    Complete the TA6 property information form and the TA10 fittings and contents form promptly and honestly.

  5. 5. Get the memorandum of sale issued

    Ask your agent to send the memorandum of sale to both solicitors so the legal side has everyone's details.

  6. 6. Stay reachable in the first weeks

    Answer enquiries fast, because the first two weeks carry the highest risk of a sale slipping away.

ValuQ gives UK homeowners free, side-by-side property valuations from competing local estate agents, and once you have chosen your agent, the timeline of your sale stays yours to steer. Moving early on the cheap steps, and holding your nerve on the expensive ones, is how you keep it that way.

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