Buying or Selling a Home in Scotland - use Scullion LAW

Scotland has it's own legal system and law governing ownership of land and property. We at Scullion LAW can act for the buyer or seller. If you are searching for an experienced team of Property Lawyers to handle your 'Conveyancing' then call us 01698 283 265 or email info@scullionlaw.com

WHAT YOU PAY FOR AT SCULLION LAW

Conveyancing – is the process in which solicitors THOROUGHLY check all the information involved in a house purchase or sale - on your behalf. We ask you to place your trust and money, in the hands of  our experienced professionals in return for a bespoke service. 

Often you are paying for a service which you don't fully understand. There is a lot of paperwork involved and our job is to guide you through the whole process (which can often be complex and stressful) and simplify all the details so that you focus on the JOY of moving house.

We want you to feel the money you invest in return for our TIME, CARE and EXPERTISE is exceptional value due to the high levels of service you receive... You can read more about house purchases on the Law Society of Scotland's website. 

MAKING AN OFFER AND CONCLUDING MISSIVES

The buyer's solicitor makes a written offer to buy and the seller's solicitor accepts it in writing. The Solicitors then exchange letters clarifying the details and conditions of the offer and acceptance. These letters are known as missives. Once everything is agreed the MISSIVES CONCLUDE in a binding contract, which agrees the 'DATE OF ENTRY'. The seller can then not accept a higher offer from someone else. (If the buyer can not fulfil the obligations set out in the missives they may be liable to pay the seller thousands of pounds in damages). Therefore before making an OFFER the buyer must get legal advice and organise their finances to meet the purchase price. Until the missives are concluded, either the buyer or seller can withdraw and walk away without any penalty.

HOME REPORT

The seller's (estate agent) will provide the potential buyers with a copy of the 'Home Report' normally within 9 days of it being requested. It details the condition of the property and notes any repairs that may be required etc. The buyer should double check all the information with their solicitor (valuation and rebuilding costs) for insurance purposes. If you like the property you should get estimates for completing any of the 'urgent' works prior to putting in an offer. Also consider if you can cope with the upheaval of the repairs and use the feedback to decide what your 'maximum offer' would be.

Surveyors can also provide seller's with a standard mortgage valuation report. So buyer's are encouraged to check that the report is acceptable to their lender. The Home Report must not be any older than 12 weeks when the property goes on the market. It normally includes: council tax band; issues that have affected the property such as storms and fire; alterations; extensions; and details of any notices that affect the property. The Energy Report gives the house an energy efficiency rating which is the basis of running the property. This should include an Energy Performance Certificate. (There are a few exceptions when a Home Report is not necessary - please speak to your solicitor ).

NEW HOMES

The procedure for buying a new home differs from buying an existing one. The home advertised may not have been built yet and is normally set at a fixed price. It is the builder who normally sets out the conditions on which they are prepared to sell the property so you should get legal advice before you accept their terms/ conditions/ offer because your acceptance is legally binding.

CONVEYANCING 

When the missives are concluded and you have agreed a contract with the seller, Scullion LAW will carry out the conveyancing (which is the process of transferring the ownership - title- of a property from the seller to the buyer). Your solicitor will investigate the property and examine the title deeds that applies to the property. They will check the land certificate and deeds to make sure the seller actually owns the property and tell you about any burdens (limitations or legal restrictions) or servitudes (that allow someone to use the land or prevent you making use of it). Your solicitor will also make sure that any existing standard security (mortgage) over the property is paid off when the house is transferred to you.

LIFE INSURANCE AND MORTGAGE

If you have kids or a partner that relies on your income or if you are part of a family living in a house with a mortgage that you pay - life insurance will provide for them if you die. Click here for details.

Learn all about the different types of mortgage available here and work out your overall buying and moving costs. It will help you work out how much you can afford to borrow for a mortgage.


HELP TO BUY SCOTLAND

Have a shop around for various HELP TO BUY schemes available throughout Scotland. You can get lots of information here...