• General
• Noting Interest
• Surveys
• The Loan
• Making the Offer
• Acceptance
• Concluding the Bargain
• Investigation
• The Title

Buying a house in Scotland can be straight forward - if you have a Solicitor advising and assisting you. Generally we cannot act for someone who is purchasing a property where we already act for the seller. We will be happy to recommend another Solicitor to act in such cases.

The legal side of a house purchase or sale is called conveyancing. The purpose of this Guide is to explain stage by stage what happens in a transaction and to give you an idea of what you can expect a competent and conscientious solicitor to do for you.

Nowadays, the contractual aspects of house purchase and sale - agreeing the terms and conditions of the deal - have become more complex than ever. If something goes wrong, it could cost you a lot of money, or even your house. It is therefore more important than ever before that you get sound legal advice from a solicitor prior to committing yourself to any course of action. A short interview may be sufficient and it may save expenses later.

A good professional service is not only about the quality of legal advice. It also means prompt attention to your business, availability when you want to discuss something, and communication - keeping you informed about what is happening.

General

Your solicitor will give you an outline of the whole procedure from start to finish. You will find that it starts long before you actually make an offer and it does not finish when you get the keys. At your first meeting with your solicitor, discuss all the financial aspects of the transaction - for example, the price range you are interested in, your mortgage requirements, the deals and incentives available, the expenses you will have to meet, and, of course, your solicitors own charges.

Noting Interest

If you are house hunting, take advantage of your solicitors local knowledge. It could avoid a lot of wasted effort. When you see something you like, ask your solicitor to note interest for you with the selling agent. A note of interest does not oblige you to buy, so you are not committing yourself in any way. It simply indicates that you are interested in the property and wish to be kept informed of developments, such as the fixing of a closing date for offers.

Surveys

Always have a property inspected by a professional surveyor before making an offer. This will give you an independent valuation and will tell you about the condition of the property. Just about the only thing your solicitor does not do in your purchase transaction is carry out the survey, but he or she can advise you on the options available and the costs involved and can instruct a surveyor on your behalf. You should discuss the survey report with your solicitor before making an offer.

The Loan

Ask your solicitor if you need advice regarding a mortgage or loan. There are hundreds of mortgage products available in the current market. You definitely need an expert guide to see you through the mortgage maze! Your solicitor can help.

Making the Offer

If you decide to take the plunge, your solicitor will discuss with you, and advise you on, the terms of your offer. Offers are long and complex documents designed to protect you against all the pitfalls of buying a house and it is important to get them right first time. Your solicitors expertise and experience is vital here. This is the crucial stage in the whole procedure, because acceptance of your offer may create a legally binding contract.

Acceptance

If the seller decides to accept your offer, then the sellers solicitor will send your solicitor a formal acceptance, in which the seller will usually include conditions which attempt to modify the conditions in your offer. This is because the conditions in your offer were framed to force the seller to disclose certain facts about the property and the title to it. These conditions by the seller are described as qualifications and the acceptance is therefore referred to as a qualified acceptance. Your solicitor will discuss the qualifications with you and give you advice so that you can decide on those qualifications which you are prepared to accept and those which you are not. This may lead to a further exchange of formal letters before both sides are in agreement and your offer, subject to these negotiated modifications, is finally accepted.

Concluding the Bargain

The offer, acceptance and any subsequent letters, which are described as formal because they are intended to be part of a legal contract, are known as missives. When the final acceptance is issued, it is said that missives are concluded, which means that you and the seller have entered into a legally binding contract. Your solicitor will consult and advise you at each stage of this process and will give you copies of the correspondence which forms the missives.

Investigation

In the course of these negotiations and in preparation for completing the transaction, your solicitor will investigate numerous matters concerning the property and its title. A lot of this is done by requiring the seller to make disclosure of the relevant information and to produce the necessary documents in support.

The Title

Your solicitor must carry out a thorough examination of the title deeds to make sure that the seller is genuinely the owner of the property and that his or her right to sell is not restricted in any way. The title deeds also describe the precise extent of the property. Your solicitor will ask you to confirm that the property described in the title deeds is precisely what you think you are buying. The examination of the title will also reveal whether there are conditions relating to the property about which you should be aware, e.g. restrictions on business use, or rights of way in favour of neighbours.Your solicitor should advise you of any such conditions.