No Sale No Fee Conveyancing: Does It Delay the Purchase?

Does no sale no fee conveyancing create an incentive to delay work? A promise to waive legal fees if a purchase falls through may appeal to buyers. But it also raises a question: does the way a firm charges influence when it investigates the title?

Originally published on 9 June 2013. Updated in October 2026 to clarify the practical issues and refresh related links.

No sale no fee conveyancing and the race to the bottom

Let me confess: although I have worked in firms that offered it, I remain unconvinced by “no sale no fee” as a sales tool. My concern is that it can cheapen the perception of conveyancing, encouraging clients to judge a professional service primarily by the circumstances in which they will avoid paying for it.

That concern sits alongside the argument in our earlier article, What Harvard has to say about making a conveyancing practice truly great. Competing on price can become a race to the bottom: there will usually be someone prepared to quote less. The harder question is whether the fee supports the work, communication and supervision the transaction requires.

Why might a conveyancer wait for the mortgage offer?

My concern about no sale no fee purchase conveyancing is the commercial incentive it may create. If the firm will receive no legal fee when a transaction fails, it may be tempted to postpone substantial work until the mortgage offer arrives.

That is a concern about how some firms might operate, rather than a claim that every firm offering this arrangement delays its files. A well-managed practice can offer no sale no fee conveyancing while progressing matters efficiently.

However, where detailed title investigation and enquiries are routinely deferred, the buyer may believe the purchase is advancing when important legal work has yet to begin.

Late title investigation can create avoidable pressure

Consider a purchase where the contract papers arrive well before the mortgage offer. If reviewing those papers is postponed, a missing consent, an unclear right of access or a lease defect might only be identified when everyone expects the transaction to move towards exchange.

The mortgage offer has arrived, but the legal investigation is now starting. Questions that could have been raised earlier still need answers, documents or agreement from third parties.

The buyer becomes impatient. The estate agent wants an exchange date. The conveyancer then faces pressure to resolve a problem that may have been discoverable weeks before.

Explain what will happen before the mortgage offer

There can be sensible reasons to agree a staged approach to a purchase, particularly where funding is uncertain or the client wants to limit expenditure. But the client should understand what that approach means for both costs and timing.

The engagement information and subsequent updates should explain:

• What work will begin once instructions and the necessary documents are received.
• Whether any work will wait until the mortgage offer arrives, and why.
• How postponing that work could affect the anticipated timetable.
• Which legal fees are covered by the no sale no fee promise.
• Which search fees, third-party expenses or other charges remain payable if the purchase falls through.
• Any exclusions or conditions attached to the arrangement.

A buyer should not have to discover the firm’s working policy by repeatedly asking why enquiries have not been raised.

Clear terms do not excuse inappropriate delay

Explaining a staged approach is only part of the answer. The approach must also be appropriate for the client’s circumstances and the transaction.

For SRA-regulated solicitors, the Code of Conduct requires competent service delivered in a timely manner. Describing a delay in the engagement letter does not, by itself, establish that the delay is appropriate.

Firms should therefore review any blanket policy of waiting for the mortgage offer. An initial review may reveal an issue requiring early attention, even where other work is sensibly deferred.

Compete on service as well as the fee

The commercial pressures are real. Conveyancing firms need to control costs and avoid spending time inefficiently. But postponing work is a different proposition from improving how work is organised.

Our article on the conveyancing skills gap and working more efficiently explores the importance of capacity, supervision and consistent processes.

There is also a longer-term commercial consideration. A fee arrangement may help win an instruction, but the client’s experience influences whether they return. See why a conveyancing client might choose a different firm for their next transaction.

I remain sceptical of making no sale no fee the centrepiece of a conveyancing service. If a firm offers it, the promise should sit alongside a clear explanation of costs, a realistic timetable and a process that progresses the legal work appropriately.