What Can Go Wrong in Conveyancing (And How to Handle It)

11 min read
Deep dive
Problem-solving guide for common conveyancing issues

Quick Answer

Problems occur in roughly 30% of property transactions, but most are resolved rather than ending deals. Common issues include adverse search results, title problems, chain complications, and mortgage delays. Early identification helps, and most "problems" are manageable with the right approach. Communication between all parties is essential.

What Can Go Wrong in Conveyancing (And How to Handle It)

Problems were part of the job during my years as a conveyancer. Not every purchase runs smoothly, and pretending otherwise doesn't help anyone.

Most problems have solutions. The deals that collapse are usually those where problems are ignored, communicated poorly, or discovered too late.

Here's what can go wrong and how to handle it if it happens to you.

Setting Realistic Expectations

First, some honesty: about 30% of property transactions encounter some kind of issue during conveyancing. That sounds alarming, but consider:

  • Most issues are resolved successfully
  • Many "issues" are minor queries, not deal-breakers
  • Problems discovered early are easier to fix
  • Good communication prevents escalation

Don't spend the process waiting for disaster. But don't be surprised if something needs attention along the way. Many perceived "problems" are actually just normal delays—if you're concerned about pace, check our guide on why conveyancing takes so long to understand if you're experiencing genuine problems or just standard wait times.

Search Problems

Searches can reveal issues you didn't know existed. Most are manageable.

Adverse Planning Results

What it looks like: The local authority search reveals something concerning—an extension without planning permission, a pending application for development nearby, enforcement action.

How to handle it:

  • Ask your solicitor whether it's actually concerning or routine
  • For unauthorised works, indemnity insurance often covers the risk
  • For nearby development, decide if it affects your desire to buy
  • For enforcement action, understand what the council requires

Environmental Concerns

What it looks like: Flood risk, contamination history, or subsidence risk flagged in environmental search.

How to handle it:

  • Get specifics—what level of risk? What's the actual history?
  • Check insurance implications (flood risk particularly)
  • For contamination, further investigation may be needed
  • Consider whether risk is acceptable or affects your plans

Mining or Ground Stability Issues

What it looks like: Historic mining activity or ground instability identified (per Coal Authority searches).

How to handle it:

  • Mining search reveals detail about shafts, tunnels, workings
  • Insurance may cover some risks
  • Structural survey can assess current stability
  • Historic mining doesn't always mean current problems

Most search "problems" are manageable. Genuine deal-breakers from searches are rare—but they do happen. If something truly unacceptable emerges, better to know now than after you've bought.

Title Problems

Title issues relate to the seller's ownership and what exactly you're buying.

Missing Documents

What it looks like: Documents that should exist can't be found—deeds for extensions, transfer documents, previous contracts.

How to handle it:

  • Land Registry copies often suffice for missing deeds
  • Indemnity insurance covers many missing document scenarios
  • Statutory declarations can confirm facts where documents are lost
  • Most missing document issues have standard solutions

Boundary Disputes

What it looks like: Boundaries are unclear, disputed with neighbours, or don't match what you thought you were buying.

How to handle it:

  • Get clarity on exactly what's included in the sale
  • If there's an active dispute, understand its status
  • Consider whether disputed boundaries affect your plans
  • Boundary disputes can be complex—get full information

Rights of Way

What it looks like: Someone has a right to cross the property, or you have limited access across someone else's land.

How to handle it:

  • Understand exactly what the right allows
  • Consider practical implications
  • Rights of way are common and often insignificant
  • But some restrict development or affect enjoyment

Restrictive Covenants

What it looks like: Historic restrictions on property use—no business use, no further building, maintaining certain features.

How to handle it:

  • Many covenants are obsolete (Victorian restrictions no one enforces)
  • Indemnity insurance covers risk of enforcement
  • For active, recent covenants, understand the restrictions
  • Check if covenants affect your plans for the property

Chain Problems

Chains cause the most stress and the most collapses. Understanding how they work helps manage expectations.

Chain Breaks

What it looks like: Someone in the chain pulls out or their purchase falls through. The chain fractures.

How to handle it:

  • Understand where the break is and why
  • Assess whether the chain can be reconstructed
  • The seller may find another buyer; the buyer may find another property
  • You may need to wait or restart

What it looks like: Someone in the chain is causing delays—slow solicitor, mortgage problems, indecisive buyer.

How to handle it:

  • Identify where the problem is
  • Apply pressure through estate agents (they have leverage)
  • Be patient with factors outside anyone's control
  • Set deadlines where appropriate

Gazumping

What it looks like: After your offer is accepted, the seller accepts a higher offer from someone else.

How to handle it:

  • Legally, this is allowed until exchange of contracts
  • You can increase your offer if you want the property enough
  • Consider whether you trust this seller
  • If gazumped, you've lost time and costs but nothing binding

Gazundering

What it looks like: Your buyer (if selling) reduces their offer just before exchange, knowing you're committed.

How to handle it:

  • Decide whether to accept or refuse
  • Consider your options if they walk away
  • This is aggressive negotiation, not illegal
  • Affects your ability to complete your purchase

Mortgage Problems

Mortgage issues can derail purchases at any stage.

Down-Valuation

What it looks like: The lender's valuation comes in lower than the purchase price. They'll only lend based on the lower figure.

How to handle it:

  • Renegotiate the price with the seller
  • Find additional deposit to cover the gap
  • Challenge the valuation (sometimes successful)
  • Accept you may be overpaying and proceed anyway

Down-valuations are common in fast-moving markets and indicate either genuine overpricing or cautious valuation.

Conditions Not Met

What it looks like: Your mortgage offer has conditions you can't satisfy—evidence required, property issues identified.

How to handle it:

  • Provide whatever evidence is requested promptly
  • For property issues, understand what lender requires
  • Some conditions can be negotiated or insured around
  • Speak to your broker about alternatives

Late Offer

What it looks like: Your mortgage offer is delayed, affecting the timeline.

How to handle it:

  • Chase your lender/broker
  • Keep the chain informed of timings
  • Consider alternative lenders if delays are excessive
  • Build time buffer into your planning

Seller Problems

Some sellers make conveyancing difficult.

Slow Responses

What it looks like: The seller takes weeks to answer enquiries, provide documents, or make decisions.

How to handle it:

  • Chase through your solicitor
  • Ask your estate agent to apply pressure
  • Set reasonable deadlines
  • Accept that you can't force faster responses

Hidden Issues Discovered

What it looks like: Enquiries reveal something the seller should have disclosed earlier—disputes, defects, problems.

How to handle it:

  • Assess the significance of what's been hidden
  • Consider whether this affects your trust in the seller
  • Renegotiate price if the issue affects value
  • Get full information before deciding to proceed

Change of Mind

What it looks like: The seller becomes hesitant, delays, or indicates they're reconsidering.

How to handle it:

  • Understand their concerns if possible
  • Estate agents can often reassure sellers
  • Push for exchange to lock in commitment
  • Be prepared for withdrawal if they're genuinely uncertain

Timing Problems

Timing issues create practical difficulties even when everything else is fine.

Completion Date Conflicts

What it looks like: Different parties in the chain need different dates.

How to handle it:

  • Negotiate a date everyone can work with
  • Identify the constraint (lease end, job start, school term)
  • Build in buffer where possible
  • Accept that compromise may be needed

Rental End Dates

What it looks like: Your rental contract ends before completion is likely.

How to handle it:

  • Negotiate rental extension if possible
  • Consider short-term accommodation
  • Ask landlord for rolling contract
  • Build rental end date into completion planning from the start

Chain Timing

What it looks like: Multiple parties need to complete simultaneously but have different readiness.

How to handle it:

  • Regular communication about progress
  • Identify who's furthest behind and why
  • Exchange with fixed completion gives certainty
  • Accept that chain timing is inherently difficult

When to Walk Away

Sometimes the right decision is to stop pursuing a purchase.

Unresolvable Issues

Some problems can't be fixed:

  • Fundamental title defects
  • Unacceptable lease terms (short lease, doubling ground rent)
  • Major structural problems with no resolution
  • Persistent seller dishonesty

Unreasonable Behaviour

If the seller or their solicitor is impossible to work with, consider whether this sale will ever complete successfully.

Risk Assessment

Ask yourself:

  • If I knew this at the start, would I have proceeded?
  • Am I accepting risks I'm not comfortable with?
  • Is my desire for this property overriding sensible caution?

Protecting Yourself

If you walk away:

  • You lose costs incurred so far (survey, searches, legal fees)
  • You don't lose your deposit (unless you've exchanged)
  • You can find another property
  • You avoid buying something problematic

Walking away after exchange has serious financial consequences. Walking away before exchange costs money but protects you from worse outcomes.

Keeping Things Moving

Proactive communication prevents many problems.

Regular Updates

Stay in contact with:

  • Your solicitor (weekly check-ins)
  • Your estate agent (they have chain visibility)
  • Your mortgage broker (if you have one)

Don't assume silence means progress. Engaged buyers get better service.

Escalation When Needed

If something isn't moving:

  • First, ask your solicitor what's causing the delay
  • Then, ask your agent to apply pressure
  • If your solicitor is the problem, speak to their manager
  • Consider whether you need to make a change

Staying Positive

Most problems get resolved. Most purchases complete. The process is frustrating but ultimately works.

Keep perspective. Don't catastrophise routine delays. Save your energy for genuine issues.

Insist on a clear explanation. You're paying for professional advice—you deserve to understand it. If they can't explain in plain English what the problem is and what your options are, consider whether they're the right solicitor for you.

Generally no. Costs incurred before exchange (surveys, searches, legal fees) are at your risk. Home buyer protection insurance exists that covers some of these costs if a sale falls through—consider this if you're risk-averse.

Not necessarily. If your own purchase and sale are still solid, you may just need to wait for the broken link to be repaired. The seller above you might find a new buyer quickly. Stay in communication rather than assuming all is lost.

Ask your solicitor directly: "Is this a routine matter or something that concerns you?" They see thousands of transactions and know the difference between a box-ticking query and a genuine issue.

Bottom Line

Most conveyancing problems have solutions. The key is identifying issues early, communicating clearly, and knowing when a problem is routine versus when it genuinely threatens your purchase. Problems discovered and addressed proactively rarely derail deals. Ignored problems almost always do.

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