No Sale No Fee Conveyancing
A Conveyancing No Sale No Fee is a guarantee that some conveyancing solicitors provide with their quotes, and offers security against the legal fees when a property transaction falls through. With an estimated 1 in 3 home moves not completing, you can see that proceeding without a no sale, no fee solicitors' guarantee is a foolish gamble, which could cost hundreds to thousands of pounds.
If you don't have this type of protection, then you can end up paying for the legal work completed up to the point the transaction falls through, and if this happens a few times, the costs can add up.
How does no sale no fee conveyancing work?
Simply, if your transaction falls through, you don't have to pay the solicitor's fee. The money you have paid already is carried over onto your next transaction. That means you just let your solicitor know when you've had an offer accepted on another property, if you're buying; or you've accepted a new offer from another buyer, if you're selling; they get started right away and you'll only pay for one lot of conveyancing.
The protection is known by many different names, such as No Move No Fee Solicitors or No Purchase No Fee Conveyancing, however the principle behind the policy is to give buyers and sellers protection against their solicitor's legal fees if their transaction aborts.
Continue reading to understand exactly what 'No Sale No Fee' means, what it covers, and which third-party costs (also known as disbursements) would still be payable. We cover our own policy terms below. Skip to our FAQs for answers to your no sale no fee questions regarding conveyancing solicitors in general.
No Sale No Fee Policy from SAM Conveyancing
Our sale and purchase conveyancing quotes (excluding auction, Right to Buy and repossession) are covered by our No Sale No Fee Policy, unique to SAM Conveyancing. We've negotiated with our panel of solicitors that if your First Transaction falls through, the solicitor will carry over your Initial Deposit to the next property purchase or new buyer on your sale. You get your First Transaction for free if the worst happens.
You pay the Initial Deposit to your no sale no fee solicitors on the instruction of your sale or purchase no move no fee conveyancing. The Initial Deposit is normally £160 INC VAT, ranging to £350 INC VAT depending on the price of the property and is non-refundable.
There is no time limit for the Initial Deposit to be applied to a Second Transaction. We recognise it could take time to find another buyer or property you like just as much as the first, so take as long as you like. When you are ready to get going again, simply advise us, and your solicitor will apply your Initial Deposit on your Second Transaction.
You can only carry over your Initial Deposit once. If you fail to complete your Second Transaction, the Initial Deposit cannot be transferred to a Third Transaction. Your solicitor will charge you for the legal work undertaken on your Second Transaction minus your Initial Deposit.
Our No Sale, No Fee Promise does not cover third-party costs/disbursements that you contractually incur during the conveyancing process, only the solicitor's fee.
- Conveyancing searches
- Mortgage Valuation
- Property Survey
What services are covered by the no sale, no fee guarantee?
The following services are covered by our No Sale No Fee Policy:
- Sale conveyancing excluding auction, Right to Buy and repossession
- Purchase conveyancing excluding auction, Right to Buy and repossession
We do not cover any other service under this policy. For services not included within our No Sale No Fee Promise, your solicitor will levy a fee for the legal work they undertake on your behalf at an hourly rate, which starts at but may be greater than £200 per hour EXC VAT. You will be given a quote for the exact hourly rate your solicitor will charge before the work is undertaken.
Does it cover Gazumping and Gazundering?
- A buying chain breaks down.
- Gazumping - Seller accepts a higher offer from another buyer. Read more - What is Gazumping?
- Gazundering - Buyer lowers their offer from the agreed price pre-exchange. Read more - What is Gazundering?
- Property undervalued – The mortgage lender values the property at less than the offer price. Read more -What to do if your property is undervalued?
Can you use the No Sale No Fee on two transactions simultaneously?
The No Sale No Fee Policy is offered to protect buyers and sellers if their transaction falls through. If a buyer wants to run two files concurrently and doesn't close down their first purchase, then this is not covered under our No Sale No Fee Policy, and an additional £160 deposit is required for the second purchase.
If you instruct us to handle the sale of one property and the purchase of another, each transaction is protected by its own guarantee.
I want a refund of my initial deposit.
From the second you give us your instructions, we get to work for you. We contact the estate agent and mortgage broker, and your solicitor opens your file and sends you documents to complete. This is why we rely on the No Sale No Fee Policy as much as you.
The No Sale No Fee Policy protects you from the cost of the work your solicitor has completed because legal work is normally charged by the hour unless you agree otherwise. If you cancel the No Sale No Fee protection and request your deposit back, then the work completed for you to date will be billed at your solicitor's hourly rate of a minimum of £200 per hour plus VAT (your case handler provides the actual rate in their terms). The cost can often be more than your deposit, which is why the No Sale No Fee Policy is so important to have.
Are third-party costs included in a No Move, No Fee Guarantee?
No. The No Sale No Fee Policy covers neither third-party costs nor disbursements. To clarify, any funds paid related to matters like your home buyers survey, your mortgage (if you're a mortgage buyer) or your conveyancing searches will not be reclaimable if your sale or purchase (or both) falls through.
You can find insurance which addresses out-of-pocket expenses such as those described and get an individual policy drawn up for you. However, your no sale no fee guarantee only covers you regarding your conveyancing solicitor's legal fees.
Who pays for the no sale, no fee policy?
At SAM, our no sale, no fee promise comes included with your sale or purchase quote*** as standard. Other solicitors may charge a fee to secure this protection.
How the SAM Conveyancing No Sale, No Fee Protects you
- 1You pay an Initial Deposit (£160 for a purchase and £190 for a sale) to your solicitor to start your no move no fee conveyancing on your first transaction. The first transaction falls under our No Sale No Fee Promise so if the first transaction falls through, you are not invoiced for any of the legal work undertaken on the first transaction.
- 2You instruct again on your second transaction, and the Initial Deposit is transferred to your second transaction. If you complete it, no abortive fees are charged, and you just pay the legal fees for your second transaction. If the second transaction falls through, then you are liable for the legal work on the second transaction based on the percentage of work completed on the second transaction (not on the first transaction - that is free under the No Sale No Fee).
Stage | % Chargeable | Based on a £965 Fixed Fee Quote |
File opened, but not issued or received contracts. | 20% | £965 * 20% = £193 less your Initial Deposit |
Contracts issued or received. | 50% | £965 * 50% = £482.50 less your Initial Deposit |
Enquiries received or raised. | 75% | £965 * 75% = £723.75 less your Initial Deposit |
Enquiries replied or satisfied and documents sent for signing. | 95% | £965 * 95% = £916.75 less your Initial Deposit |
- 3When you find a new property or buyer, you instruct again on your third transaction and pay another Initial Deposit to your solicitor, and the No Sale No Fee Process starts again.
Caragh is an excellent writer and copy editor of books, news articles and editorials. She has written extensively for SAM for a variety of conveyancing, survey, property law and mortgage-related articles.
