5 Questions to ask a Solicitor When Buying a House

Reviewed by Neil AinsworthLast updated: April 7, 2026 10:43 am

Image credit: Ann H @Pexels

Buying a home is a major financial and personal milestone, but the process can be complex. A solicitor plays an essential role in keeping the transaction legally sound and protecting your interests. To get the most from their expertise, ask these five key questions.

What Are the Legal Fees and What Do They Include?

Understanding the cost of legal services is fundamental when budgeting for the purchase of a property. Solicitors’ fees vary according to the complexity of the matter and the level of service. Remember that taxes such as Stamp Duty Land Tax (or the equivalent in Scotland and Wales) and any lender or mortgage product fees are separate from legal fees.

• Fixed Fee vs. Hourly Rate: Ask whether the fee is fixed or charged by the hour. Fixed fees provide cost certainty; hourly rates vary with how the transaction progresses. Disbursements: These are expenses the solicitor pays on your behalf (for example, searches and HM Land Registry fees). Confirm what is included in the quote.
• VAT: Check whether the quote includes VAT. The standard VAT rate in the UK is 20% (2026).

It is also advisable to ask whether additional charges may apply if unexpected issues arise during the transaction (for example, deeds of covenant, gifted deposits, leasehold supplements, or the resolution of title defects). Clarifying this upfront will help you manage your budget more effectively and avoid surprises.

• Additional Fees: Ask for a written breakdown of possible extras (such as bank transfer fees, acting for your lender, leasehold/new-build supplements, or indemnity policies) and the circumstances in which they would apply.

Lastly, let’s discuss the payment structure and terms. Many firms request money on account to cover searches and other disbursements, with most legal fees billed on completion. Understanding these terms will help you plan your cash flow.

• Payment Structure: Confirm when you will be billed, whether money on account is required, and whether any fees are payable at exchange or only on completion.

What Searches Will Be Conducted?

Property searches are an essential step in the house-buying process, designed to uncover issues that might affect the property’s value, mortgageability or your enjoyment of it. The scope typically includes local authority, environmental, water and drainage searches.

1. Local Authority Searches: These are a critical component, providing details about planning decisions, building regulations, highways/road schemes and other local land charges or restrictions affecting the property.
2. Environmental Searches: These assess risks such as contaminated land, flood risk, ground stability and other environmental issues. With climate change in mind, they help identify foreseeable hazards (for example, changes to floodplains or historic industrial contamination).
3. Water and Drainage Searches: These confirm connections to mains water and sewerage, the location of public sewers and who is responsible for repairs. This information helps you avoid unexpected liabilities or restrictions on future works.

It’s advisable to ask your solicitor which searches they recommend based on the property’s location and age, and how long these will take to complete. Turnaround times can vary from a few days to several weeks, depending on the local authority’s efficiency and the type of search required.

Additional Search Considerations

In addition to the standard searches, there are other investigations that may be relevant depending on the property and area:

• Mining Searches: Necessary in areas with historical or current extraction (for example, coal, tin or brine), these searches assess subsidence risks and other potential hazards.
• Chancel Repair Liability Search: Now rare since the liability lost overriding status in 2013, this check can reveal any registered obligation to contribute to the repair of a parish church chancel; where risk is identified, low-cost insurance is often used.

Understanding the scope and outcomes of these searches is essential, as they directly inform your decision-making and financial planning. Ask your solicitor to explain the findings clearly and what, if anything, you should do in response.

How Will You Handle the Contract Exchange and Completion Process?

The exchange of contracts is a critical phase in the property-buying process, marking the point where both parties are legally committed. Completion is when the property officially changes hands. Please make sure you understand each step so you are prepared for the commitments you are making.

• Timeline: Ask for a clear timeline from offer acceptance through exchange to completion. The period between exchange and completion is agreed by the parties and is often 1 to 4 weeks, although same‑day exchange and completion are sometimes possible. This window allows time to arrange final payments and logistics.
• Risks: Discuss how delays or issues are handled. Causes can include slow mortgage funding, last‑minute disputes, or problems in a property chain. Understand the potential legal and financial implications, such as a notice to complete, daily interest, or other costs set out in the contract.
• Deposits and Payments: Clarify when you must provide the deposit and how it is held. The exchange deposit is often around 10% of the purchase price (sometimes lower by agreement) and is usually transferred to the seller’s solicitor on exchange. If you fail to complete after the exchange, the deposit is typically forfeited, and you may be liable for additional losses.

Handling Delays and Complications

Delays in the exchange or completion process can be stressful and potentially costly. Ask your solicitor what steps they will take to mitigate issues—for example, liaising with the lender to expedite funds, agreeing revised dates with the chain, or negotiating contractual variations if problems arise on final checks.

Importance of Insurance

Discuss building insurance from the point of view. Once contracts are exchanged, you are committed to purchase, so it is prudent to have building cover in place from that date. For leasehold flats, the freeholder often arranges the buildings insurance for the whole block; your solicitor should confirm this, so you may only need contents insurance.

By understanding the process and planning for potential complications, you can help ensure a smoother transition to owning your new home. Keep communication with your solicitor clear and timely, so you fully understand all legal and financial obligations.

Can You Explain the Title of the Property?

The property’s title sets out who owns the land and any rights or responsibilities that come with it. Understanding the title helps you identify restrictions or obligations that could affect how you use or enjoy the property.

1. Freehold vs Leasehold: Confirm whether the property is freehold or leasehold. Freehold means you own the property and the land outright. Leasehold means you own the property for the term of the lease and have obligations to the freeholder. A short remaining lease can affect mortgage options, resale and the cost of any lease extension.
2. Restrictions or Easements: Check for restrictions or easements recorded against the property. These can grant rights to third parties (such as rights of way or access) or limit development (for example, covenants). Utility companies may also have rights to install or maintain infrastructure that could restrict where you can build or plant.

It is also worth asking about any ongoing financial responsibilities tied to the property that could affect your budget. For instance:

• Ground rent and service charges, typically associated with leasehold properties. Ground rent on most new long residential leases in England and Wales is now a peppercorn (zero) under the Leasehold Reform (Ground Rent) Act 2022¹, but older leases may still have ground rent that can increase.
• Contributions to shared services or maintenance for properties within a development, such as estate charges for communal areas or shared driveways.

Importance of a Detailed Title Review

A thorough title review can reveal critical information such as historical ownership, boundary issues, consents required for alterations, or past disputes. These findings can influence your negotiations or the conditions you set before the exchange.

Managing Risks Associated with Property Titles

Where title defects or gaps are identified, your solicitor may recommend steps such as obtaining indemnity (title) insurance or seeking consents to regularise the position. Insurance can provide financial protection against specific risks, such as unknown encumbrances or certain errors that emerge after completion.

Ensure your solicitor explains all relevant aspects of the title, in plain language where possible, so you understand your rights and any liabilities before committing to buy.

What Happens if There Are Last-Minute Problems?

Unexpected issues can arise at any stage. It is important to know how your solicitor will handle complications close to exchange or completion.

• Delays: Ask what happens if the seller delays or pulls out, or if there is a chain issue. Your solicitor can explain the contractual remedies available (for example, notice to complete) and the practical options for agreeing on revised dates.
• Disputes: Understand how disputes over boundaries, fixtures and fittings, or defects revealed on final checks are addressed, for example, by negotiation, a retention, or deferring completion until matters are resolved.
• Financial Issues: Discuss what happens if there are late problems with funding or mortgage approval. Your solicitor can advise on communicating with the lender promptly and whether completion can be delayed by agreement. Be aware that additional costs may arise.

A Financial Adviser Can Help

While your solicitor will guide you through the legal aspects, a qualified, FCA‑authorised mortgage or financial adviser can help with budgeting, product selection and planning for future costs. This article is for general information only and is not personal advice.

FinancialAdvisers.co.uk can help you find an adviser. If you use any directory or referral service, always check the adviser’s status on the FCA Register and ensure the firm is authorised and regulated by the Financial Conduct Authority. Regulated advice can complement your solicitor’s work and help you make informed decisions.

This article contains external links for further information on topics. Whilst all attempts are made to verify the trustworthiness of these external sources, we accept no responsibilty for the upkeep or security of these external websites. Some of these links in particular are annotated below:

• ¹ https://www.legislation.gov.uk/ukpga/2022/1/contents