News

When buying a home, it's natural to want answers quickly.

You may want to know whether the seller would consider an earlier completion date, whether they plan to leave certain fixtures and fittings, or whether there is flexibility on other aspects of the transaction. In an age of instant communication, speaking directly to the other party can seem like the quickest way to move things forward.

After all, why wait for messages to pass through various professionals when you can simply ask the seller yourself?

It's a reasonable assumption.

Unfortunately, it's not always correct.

In fact, direct discussions between buyers and sellers can sometimes create confusion, misunderstandings and, in some cases, delays that could have been avoided altogether.

At a recent property networking event, a story emerged about a transaction where a prospective buyer made direct contact with the seller after their details had been obtained during the sales process. Both parties had good intentions. They wanted to keep matters moving and discuss the property directly.

However, as conversations developed outside the formal conveyancing process, different expectations began to emerge. Clarification was required, discussions had to be revisited and valuable time was lost resolving issues that could have been dealt with more effectively through the legal process.

It highlights an important lesson for anyone buying or selling property: more communication does not always mean better communication.

Buyers and Sellers Can Speak Directly, But There Is a Catch

There is nothing inherently wrong with buyers and sellers communicating with one another.

In many transactions, direct communication can be helpful. It can build rapport, provide reassurance and help both parties better understand each other's circumstances.

The issue arises when conversations move beyond general discussion and onto matters that could affect the transaction itself.

For example, discussions about:

• Completion dates
• Repairs to the property
• Fixtures and fittings
• Access arrangements
• Property boundaries
• Works carried out to the property
• Matters raised during surveys

What may feel like an informal conversation can quickly move into territory with legal implications.

When that happens, it becomes essential that the relevant information is communicated through the conveyancing process.

The Problem With Side Agreements

Most buyers and sellers are focused on reaching the finish line.

But conveyancing is not simply an administrative exercise. It is a legal process designed to create certainty and protect both parties.

Difficulties can arise when a buyer and seller believe they have reached an agreement, but that agreement has not been formally communicated to their conveyancers.

The buyer may believe something has been promised.

The seller may have intended something slightly different.

Neither party is necessarily acting unreasonably.

The problem is that verbal conversations are often interpreted differently by the people involved.

Weeks later, when expectations do not align, both parties may find themselves frustrated by an issue that could have been avoided with proper documentation and legal advice.

Why Conveyancers Need a Clear Audit Trail

One of the most important aspects of conveyancing is maintaining an accurate record of information and instructions.

A conveyancer's role extends far beyond processing paperwork. They identify risks, advise clients, ensure agreements are properly documented and help prevent disputes from arising in the future.

That becomes significantly harder if relevant information is discussed privately and never relayed to the legal representatives.

For example:

A seller may verbally agree to leave certain items at the property.

A buyer may believe repair works will be completed before exchange.

A completion date may be discussed without considering lender requirements or other factors within the chain.

None of these situations are necessarily problematic in themselves.

The issue is that if they are not communicated through the legal process, there may be no clear record of what was said, when it was said or whether it was ultimately agreed.

Good conveyancing relies on clarity.

Without it, misunderstandings become more likely.

 

When Good Intentions Create Unnecessary Delays

Ironically, many of the delays arising from side conversations stem from a genuine desire to speed things up.

A buyer wants a quick answer.

A seller wants to be helpful.

Both parties feel they are making progress.

However, when information subsequently needs to be verified, clarified or corrected, additional work is often created for everyone involved.

Questions need to be revisited.

Conversations need to be reconstructed.

Expectations need to be managed.

The result can be additional correspondence, further enquiries and avoidable delays.

In other words, an attempt to accelerate the transaction can sometimes end up slowing it down.

A Property Transaction Is Not Just About Trust

Some buyers and sellers may wonder whether these concerns really matter if both parties trust each other.

Trust is important.

However, property transactions involve significant financial commitments, legal obligations and contractual responsibilities.

Even where everyone is acting honestly and reasonably, misunderstandings can occur.

That is why the conveyancing process exists.

It provides a framework that ensures information is properly recorded; legal advice can be given where necessary and important matters are documented before contracts are exchanged.

The objective is not to create unnecessary bureaucracy.

It is to provide certainty.

How to Keep Your Purchase or Sale on Track

If you are buying or selling a property, the best approach is usually straightforward:

• Keep your conveyancer informed of anything discussed directly with the other party.
• Avoid making assumptions about what has been agreed.
• Ensure important discussions are confirmed through the formal process.
• Seek legal advice before committing to arrangements that could affect the transaction.
• Remember that what seems like a simple agreement may have wider legal implications.

Direct communication can often be positive.

The key is ensuring that relevant information does not stay outside the conveyancing process.

Hayatun Barker, Residential Conveyancing specialist at Eaton Smith Solicitors, said:

"It is completely understandable that buyers and sellers want quick answers, and direct communication can often feel like the fastest route. However, property transactions involve legal obligations, contractual commitments and different parties. Where important discussions take place outside the conveyancing process, there is a risk that misunderstandings develop because information has not been properly recorded or communicated. Keeping your conveyancer informed helps ensure everyone is working from the same information and can reduce the risk of avoidable delays later in the transaction."

The Bottom Line

Most people assume that speaking directly to the seller will make a property transaction move faster.

Sometimes it does.

But when important discussions take place outside the conveyancing process, the opposite can happen.

The most successful transactions are rarely those with the most communication. They are the ones where everyone is working from the same information.

That is why keeping your conveyancer informed is not simply a formality. It is one of the best ways to keep your move on track.

If you are buying or selling a property and would like clear, practical legal advice throughout the conveyancing process, contact Eaton Smith Solicitors' Residential Conveyancing team today. Our specialists can help guide you through every stage of your transaction and work proactively to minimise avoidable delays.