The conveyancing process
Residential and commercial conveyancing follows a set sequence from investigation through to registration. The solicitor manages each stage, protects the client and complies with anti-money-laundering duties throughout.
What "The conveyancing process" covers
- The transaction runs through five stages: pre-contract (investigation, searches, enquiries), exchange, pre-completion, completion, then post-completion (tax and registration).
- Standard Conditions of Sale (5th edn) govern most residential deals; the Standard Commercial Property Conditions (3rd edn) are used for commercial transactions.
- The Law Society Conveyancing Protocol standardises residential practice and uses the TA forms (TA6 Property Information, TA10 Fittings and Contents, TA13 completion information).
- A solicitor generally cannot act for both seller and buyer because of the SRA conflict of interest rules; separate representation is the norm.
- At the outset give client care and costs information, and carry out identity and source-of-funds checks under the Money Laundering Regulations 2017.
- Confirm the client's funding (deposit, mortgage, sale proceeds) before committing to a timetable.
- Keep the client updated at each stage and confirm instructions before exchange and completion.
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For the conveyancing process, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Assuming you may act for both buyer and seller without checking the conflict rules.
- Overlooking identity and source-of-funds verification under the MLR 2017.
- Applying residential standard conditions to a commercial transaction, or vice versa.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on the conveyancing process.
FAQ
Is the conveyancing process tested on SQE1?
Yes — the conveyancing process is part of the SQE1 Property Practice syllabus (FLK2) and can appear in single best answer questions.
How is the conveyancing process examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (Standard Conditions of Sale (5th edn), Standard Commercial Property Conditions (3rd edn)) helps.