Sellers could struggle to sell before Christmas.
Christmas seems to come earlier and earlier every year. Last year online retailer Very dropped its Christmas ad in October much to many of our chagrin. You, like me, probably feel its way to early to be thinking about Christmas, especially considering that the Summer Solstice was only yesterday.
However, prospective property sellers might be surprised to learn that if they don’t get their property to market within the next few weeks, they may struggle to reach their all-important completion date before the festive period, according to Rightmove.
Why is it taking so long to sell property?
According to Rightmove’s latest House Price Index the delays are caused by a conveyancing log-jam. The time to get through conveyancing has risen to an average of 150 days. Currently, there are 44% more properties sold subject to contract than there were at the same time in 2019, which is a whopping 500,000+ homes waiting for their sales to go through.

Although it does seem that the conveyance issues are the driving factor in slowing down the selling process, Rightmove’s House Price index also shows that even as the pace of property price growth is slowing, now at 0.3%, the average price of a property coming to market is still breaking records with the price now standing at £368,614.
The rise in property prices are starting to show a decline in buyer demand, May is down by 8% compared to April but remains more than double the pre-pandemic five year may average. This marginal decline in buyer demand is unlikely to significantly affect the timeline of selling a property but could be an indicator that the market is due to turn from a seller’s market to a buyer’s one. One more reason for Seller’s to act quickly as the market settles into its new post-pandemic state.
What is Conveyancing?
The conveyancing process is essentially the ‘legal bit’ of a property transaction. It covers all the legal aspects of buying and selling property, including but not limited to; contracts; surveys; and transfer of ownership. It is an essential part of the property transaction and as such helps to be handled by a licensed conveyancer or conveyancing solicitor, who has an in depth knowledge of the process.
What’s the difference between Licensed Conveyancer and Conveyancing Solicitor?
Licensed Conveyancers are specialists in Conveyancing, whereas a Conveyancing Solicitor is qualified in other aspects of property law. A Conveyancing Solicitor’s broader knowledge of property law can help if the sale involve further complications due to remortgaging; lease extensions or the transfer of equity.
Why is Conveyancing taking so long?
In tmgroup’s report “The New Normal” they polled 800 property professionals, including Residential Conveyancers, Commercial Real Estate Professionals, Estate Agents, Lenders, Surveyors, Developers, and more.
The poll found that among property professionals they believe that the conveyancing process is the biggest factor in causing delays. The report also suggests that its the increased volume of transactions that is causing the delays, especially during the conveyancing process, the industry as a whole is working at capacity and can only move as fast as its slowest party, the conveyancer.

Nick Ball, Head of Sales and Client Services at Mio says its “important to make some distinctions here ; for the most part, that it is processes – and not people – that are responsible for the delays.” He points to the antiquated process as the issue and the report does call out for further reforms, particularly in the digitisation of the process.
“The sad reality is that conveyancers just weren’t ready for the ‘overnight’ switch to digitisation and homeworking that was brought on by the pandemic,” says Matt Joy, Sales and Marketing Director of the tmgroup. His colleague, Martin Manning, Head of Account Management also of the tmgroup follows to say, “It’s sadly taken a global pandemic to make other firms realise just how outdated and convoluted their processes are.” he also explains that, “Conveyancers have largely spent the past 18 months in survival mode; with little time to plan ahead and implement the available technology that ironically would have helped them better manage their volumes.“
What is the Solution?
There is no simple solution to the conveyancing problem and some would definitely argue that the process isn’t broken so it doesn’t need fixing but the process in its current state is undeniably slow and the industry is calling out for it improve.
Rob Hailstone, the founder of Bold Legal Group, believes, “the industry is making good strides already – thanks to the focus on material information from National Trading Standards.” The National Trading Standards’ project to define what constitutes material information for property listings is only in the first of it’s proposed three stages. For an industry that is running at maximum capacity the government just isn’t working fast enough.
Estate Agents are working harder than ever and are having minimal returns for their efforts. They are struggling to convert their pipelines quickly due to the delays in the transaction process which is causing significant cash flow problems for many. The pandemic has seen 891 estate and lettings agency branches close as of February 2021 but estate agents are still facing problems, just different ones.
Property Auctions as the solution?
The benefits of a property auction are in its strict timescales. A Traditional Auction exchanges the moment the hammer drops and sees its completion day in just 28 days after. The Modern Method of Auction takes a little longer, with the exchange taking place 28 days after the hammer fall and the completion a further 28 days from that point.

For estate agents the faster timescales means that they can bank their fees much faster than in a private treaty sale. In the current market, auction properties could be the difference for estate agencies, helping ease the potential long droughts between sales caused by the conveyancing delays.
For sellers the faster, fixed timescales combined with the 0% commission of auctions have always been the leading draw. When sellers decide to use the auction route they can depend on the contractual timescales; the security provided of setting a reserve price; the competition that is generated; and the benefit of the buyer paying the fees.
Why are auctions so fast?
Auctions benefit from the production of an auction pack. The auction pack is a legal pack that contains everything a buyer needs to legally make an offer on the property. The production of this pack covers much of what would come up during the conveyancing stage of a private treaty but is supplied to the buyers before they make an offer. In this way, the whole transaction is completely transparent. When buyers make their bid or offer it’s not made subject to contract but under the auction terms and is legally binding.
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