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Independent Legal Advice on Purchase/Sale

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In the last year, we helped 2,282 people across the UK solve their legal issues
Great Interaction
Great interaction. I had a simple question which would have cost a fortune going to see a local solicitor. It was all very professional but still friendly. The solicitor I spoke to was the chief executive of her law firm (I looked her up on LinkedIn). You are dealing with very good lawyers who earn additional money through Lawhive. I would definitely use this service again. Highly recommend.
Mark,
29 December, 23
The solicitor who was appointed to me was outstanding
Very simple to engage with instant confirmation in writing straight after. Daniel, the solicitor who was appointed to me, was outstanding in his approach, his understanding of the technicalities of the law and, crucially, a genuine care for the client. Would definitely advise using Lawhive, you won't regret it.
Tahir Idris,
04 October, 23
We were so pleased to find the Lawhive website
After struggling to find a solicitor willing to give us advice, and for a reasonable cost, we were so pleased to find the Lawhive website. At first we wondered how well it would work, but needn't have worried at all - the whole process was simple, straightforward and professional and great value for money. We felt extremely lucky to be matched with our solicitor, Sonay Erten, as she was exactly what we were looking for - knowledgeable, patient and kind - a refreshing change from solicitors we have used in the past. She showed a great deal of empathy for our situation and explained things in language that was easy to understand (rather than the usual "solicitor" talk, which can be intimidating). She's a shining example of what a solicitor should aspire to be and I wouldn't hesitate to recommend her to others or use her again in the future. We came out of our session reassured and confident of what we needed to do going forward, so a big "thank you!"
Julie Taylor,
01 June, 23
Fast and professional
I got the outcome I wanted regarding cease and desist to a competitor spreading defamatory statements about my business. Fast and professional, and at a much lower price than high street firms. Highly recommended thanks.
Jason Hunter,
23 July, 23
Very efficient! Can highly recommend.
I found the website very easy to use. Quick responses and I was even able to talk to someone who was friendly and competent. She rang me rather than emailed me. A solicitor was quickly found who could help me and once the relevant identification was approved he started work. Within two days the solicitor had checked documents and commented on them. Very efficient! Can highly recommend.
Pauline Piper,
15 February, 23
The service was fast and ultra professional
Sonay was really informative and understood my questions instantly, what I thought was complex Sonay simplified massively. She regularly checked in and the service was fast and ultra professional. Would highly recommend.
Jamie Crichton,
09 November, 23
Great service and very reasonably priced,
Great service and very reasonably priced, Kem was really helpful and professional. Would use again
Sarah Shanks,
21 November, 23
Great Interaction
Great interaction. I had a simple question which would have cost a fortune going to see a local solicitor. It was all very professional but still friendly. The solicitor I spoke to was the chief executive of her law firm (I looked her up on LinkedIn). You are dealing with very good lawyers who earn additional money through Lawhive. I would definitely use this service again. Highly recommend.
Mark,
29 December, 23
The solicitor who was appointed to me was outstanding
Very simple to engage with instant confirmation in writing straight after. Daniel, the solicitor who was appointed to me, was outstanding in his approach, his understanding of the technicalities of the law and, crucially, a genuine care for the client. Would definitely advise using Lawhive, you won't regret it.
Tahir Idris,
04 October, 23
We were so pleased to find the Lawhive website
After struggling to find a solicitor willing to give us advice, and for a reasonable cost, we were so pleased to find the Lawhive website. At first we wondered how well it would work, but needn't have worried at all - the whole process was simple, straightforward and professional and great value for money. We felt extremely lucky to be matched with our solicitor, Sonay Erten, as she was exactly what we were looking for - knowledgeable, patient and kind - a refreshing change from solicitors we have used in the past. She showed a great deal of empathy for our situation and explained things in language that was easy to understand (rather than the usual "solicitor" talk, which can be intimidating). She's a shining example of what a solicitor should aspire to be and I wouldn't hesitate to recommend her to others or use her again in the future. We came out of our session reassured and confident of what we needed to do going forward, so a big "thank you!"
Julie Taylor,
01 June, 23
Fast and professional
I got the outcome I wanted regarding cease and desist to a competitor spreading defamatory statements about my business. Fast and professional, and at a much lower price than high street firms. Highly recommended thanks.
Jason Hunter,
23 July, 23
Very efficient! Can highly recommend.
I found the website very easy to use. Quick responses and I was even able to talk to someone who was friendly and competent. She rang me rather than emailed me. A solicitor was quickly found who could help me and once the relevant identification was approved he started work. Within two days the solicitor had checked documents and commented on them. Very efficient! Can highly recommend.
Pauline Piper,
15 February, 23
The service was fast and ultra professional
Sonay was really informative and understood my questions instantly, what I thought was complex Sonay simplified massively. She regularly checked in and the service was fast and ultra professional. Would highly recommend.
Jamie Crichton,
09 November, 23
Great service and very reasonably priced,
Great service and very reasonably priced, Kem was really helpful and professional. Would use again
Sarah Shanks,
21 November, 23
Rated 4.8 / 5. Showing our 4 & 5 star reviews.

About

Independent Legal Advice (or ILA) is a legal document, signed by a solicitor, which proves you have received legal advice for your particular concern. In this case, regarding the purchase or sale of a property.Next steps

How much does an Independent Legal Advice on Purchase/Sale cost?

The cost for a licensed solicitor to help with an Independent Legal Advice on Purchase/Sale is dependent on many factors including the complexity and specific requirements of the case. On average it is expected to range from £149-£249 but in some cases it could cost as much as £449.

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In a legal transaction, where one party faces risks without gaining clear benefits, it’s important to seek advice from an independent solicitor. 

If you’re buying a property with a mortgage, you’ll likely need to get an Independent Legal Advice Certificate to prove you’ve received advice. This is because getting a mortgage involves significant legal and financial responsibilities. As the borrower, you’re taking on the risk of repaying a large loan over a lengthy period, and, failing to meet the mortgage terms could lead to serious consequences. 

independent-legal-advice

This is often a regulatory requirement or standard practice used by mortgage companies to ensure compliance with legal and ethical standards. 

At Lawhive, we’re dedicated to offering quick and affordable independent legal advice to everyone in the UK, as and when they need it, regardless of location.

To find out more and connect with our network of experienced UK conveyancers and lawyers, contact our Legal Assessment Team today. 

You need to get independent legal advice so you fully understand the implications of a joint transaction, especially when there may be conflicting interests involved. This helps you make informed decisions and protects your interests. 

Conflicting interests refer to situations where the parties involved in a transaction have different goals or priorities. 

In the context of getting a mortgage, conflicting interests may arise between the borrower and the lender. For example, the borrower’s interest is to secure the loan to purchase a property, while the lender’s interest is to mitigate the risk of default and ensure repayment.

Therefore, banks have a legal duty to make sure those applying for a mortgage or loan get independent legal advice from a solicitor. 

Independent legal advice means meeting with a solicitor who isn't involved in your transaction. Their job is to help you understand the risks and terms involved so you can make informed decisions.

To do this, you arrange a meeting with a solicitor and send them your documents for review. You'll also need to verify your identity.

With Lawhive, this process happens securely through our platform, through which you can also message your solicitor and schedule a meeting, so everything happens in one place.

During the meeting, which can be done over the phone or via video call, they'll explain the transaction's ins and outs and highlight any risks. Independent Legal Advice should cover: 

  • Explaining the documents and the risks involved, such as losing the home or facing bankruptcy if payments are missed. 

  • Assessing the seriousness of the risks based on the mortgage’s purpose, amount, and terms, making sure you understand the property’s value and any other assets for repayment.

  • Notifying you that the lender may change the loan terms without consulting them.

  • Giving you the option to request negotiation with the bank on transaction terms.

Your solicitor will also check you know you have the sole authority to sign and agree to the mortgage or guarantee, without any pressure or influence. 

After the meeting, you'll receive an Independent Legal Advice Certificate. Sometimes, this is sent directly to your conveyancer or solicitor handling the transaction for ease.

It’s important to note that independent legal advice is not legal representation. This process is to make sure you understand the risks involved in the transaction. It doesn’t determine whether the agreement is fair.

Common scenarios where you may need to seek independent legal advice include 

Transaction

Explanation

Personal or director’s guarantee for a loan or mortgage

Often used by business owners to secure property purchases. It involves making a personal guarantee for the loan, which also notifies other directors of their liability.

Joint borrower or sole proprietor mortgage

This is when family members help others onto the property ladder by offering their mortgage as security for someone else’s loan.

Waiving rights in a property subject to a mortgage

This is when individuals sign an occupiers’ waiver form to live at a property without owning it. Typically, this transaction involves adult children or relatives agreeing not to interfere with the lender’s right to repossess if payments aren’t made.

Deed of Trust

A Deed of Trust is used by joint tenants who want to outline specific terms of their agreement. In some cases, one beneficiary may get independent legal advice to better understand the terms and how they may affect them in the future.

Transferring equity between properties

This is often done through remortgaging and is common when raising funds to purchase a buy-to-let property.

Conflict of interest

When both parties in a property deal can’t be represented by the same solicitor to avoid conflicts.

Mergers and acquisitions

In the case of business transactions, seeking Independent Legal Advice serves to protect both parties' interests.

Using Lawhive

Transparent fixed-fees

Know exactly what you will pay. On average 1/3 of the cost of a high street firm

Hassle-free

Receive a custom quote in as little as 5 minutes. No hassle, no obligation.

Conveniently online

Follow your case from the comfort of your home with our online platform.

Brilliant support

Our world-class support will be with you every step of the way.
Traditional Law Firms

Pay by the hour

Hourly charges mean costs are hard to predict and you could be charged more than you expect.

Frustrating

It can be take days or weeks to hear updates from your solicitor.

Outdated and offline

Offline and slow procedures will require you to visit firms in-person.

No support

No dedicated support team. You'll have to deal with issues on your own.

When you're getting a mortgage, you must understand the legal responsibilities involved. That's why the mortgage lender, often a bank, will ask you to get independent legal advice from a solicitor. The solicitor's job is to explain the terms and implications of the mortgage agreement to you.

As part of this process, the lender will ask your legal advisor to fill out a standard letter called a Certificate of Independent Legal Advice. 

This letter confirms that you've received the necessary advice. Typically, it includes a statement from the solicitor stating that they've explained the mortgage agreement and its consequences to you. They'll also confirm that you've decided to proceed, provided you've given them the authority to do so.

The certificate should be signed by both you and the solicitor. 

Any solicitor can provide legal advice as long as they are independent of the transaction. 

The solicitor giving you independent legal advice is usually a practicing solicitor, licensed conveyancer, or a Fellow of the Institute of Legal Executives.

Many mortgage lenders now allow you to get independent legal advice online, but it's always best to double-check beforehand.

Most solicitors, including our network at Lawhive, offer remote independent legal advice. This helps ensure you fully understand the nature and implications of a transaction, particularly when signing the mortgage deed.

By law, solicitors must verify your identity before providing advice. This is done securely and swiftly through our platform. You'll need to upload a photo ID, such as your passport or driving license, with a selfie to confirm your identity. This process is fully automated and can be completed quickly. We also use the same encryption as banks to safeguard your privacy.

Buying a house can be costly, and some see getting independent legal advice as an unwanted expense, especially when they're already paying solicitors fees in the first place.

While we understand this, our solicitors can't provide free advice because of the risks involved and their obligation to charge a fee.

However, at Lawhive, we keep our fees fair and clear, so you can get the right advice when you need it.

If you have legal expenses insurance, it might cover the cost of seeking independent legal advice. This insurance is sometimes included as part of your home insurance or available as an extra.

Contact us for a fixed-fee quote today from our expert conveyancers and solicitors for independent legal advice on getting a mortgage. We'll connect you with the best lawyer for your needs within 48 hours, though it usually takes less time because of our extensive network.

Why would a solicitor refuse to provide an ILA certificate? 

A solicitor isn’t duty-bound to sign an ILA certificate after advising a client. 

They must use their professional judgment to verify that:

  • The applicant isn’t being coerced into the transaction

  • The applicant understands the advice they’ve been given, their rights, and their responsibilities if they agree

  • The applicant's identity is verifiable

  • The applicant can communicate and understand what is happening.

An Independent Legal Advice Certificate proves that you sought professional advice before making a decision. 

When you’ve done this, it’s harder for an agreement to be legally challenged as it serves to show you made an informed decision with the help of legal guidance. 

In the context of a mortgage, requesting the borrower get independent legal advice helps mitigate the risk of potential disputes or legal issues. For example, a borrower could not claim they did not know their house could be repossessed if they didn’t keep up with their mortgage payments. 

How can Lawhive help? 

If you need independent legal advice for buying or selling a property, Lawhive is here to help. Contact our legal assessment team for your fixed fee quote today.

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Lawhive is your gateway to affordable, fast legal help in the UK. Lawhive uses licensed solicitors you can connect with online for up to 50% of the cost of a high-street law firm.

Lawhive Ltd is not a law firm and does not provide any legal advice. Our network includes our affiliate company, Lawhive Legal Ltd. Lawhive Legal Ltd is authorised and regulated by the Solicitors Regulation Authority with ID number 8003766 and is a company registered in England & Wales, Company No. 14651095.

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