Frequently Asked Questions
Answers at Your Fingertips
Our FAQ section is here to make things simple. Whether you’re curious about our services, looking for quick guidance, or need clarity on common topics, you’ll find straightforward answers right here.
What exactly is conveyancing in Scots Law?
Conveyancing is the legal process of transferring property ownership from a seller to a buyer. It begins when an offer is accepted and concludes when the keys are handed over to the new owner. Conveyancers, often solicitors, handle this process.
Key steps include:
- Preparation of documents: The solicitor drafts all necessary legal documents.
- Conducting searches: Various checks, such as local authority and property condition searches, ensure there are no legal or structural issues.
- Exchanging missives: The buyer and seller’s solicitors exchange letters (missives) to form a binding contract. Once missives are concluded, neither party can withdraw without liability.
- Inspecting deeds: The buyer’s solicitor verifies the seller’s ownership and checks for any unusual conditions or restrictions.
- Providing a home report: The seller must supply this report to buyers, which includes a survey, energy assessment, and questionnaire. Your solicitor will also review this.
Throughout the process, solicitors communicate to negotiate terms and resolve any issues, ensuring a smooth transfer of ownership.
How long does the conveyancing process take?
The conveyancing process is typically estimated to take around 8 weeks, but this timeline can vary. At Kaur Sutherland, we’ve successfully completed transactions in as little as 4-6 weeks when both parties’ solicitors are proactive and no significant issues arise.
The common causes of delays include:
- Waiting for paperwork or local authority searches: These essential documents can sometimes take time to process.
- Unauthorised alterations or statutory notices: These may require further investigation and negotiation.
- Specialist reports: If concerns about the property’s condition arise, additional inspections or reports may be needed.
Although the process might sometimes feel slow, it’s important to remember that solicitors are working diligently behind the scenes to ensure all legal and practical aspects are covered. At Kaur Sutherland, we remain proactive throughout, focusing on moving the process forward rather than placing blame when delays occur.
What do we mean by ‘noting interest’?
In Scotland, once you’ve viewed a property, your chosen solicitor will likely ask if you would like them to ‘note interest’ on your behalf. Noting interest is the first stage in notifying the seller that you would like the opportunity to make an offer before the property is sold. A note of interest is not legally binding and does not obligate you to make an offer.
The process can differ depending on whether the property is sold through a solicitor estate agent or a non-solicitor estate agent. Solicitor estate agents are bound by the Law Society of Scotland’s rules, while non-solicitor estate agents may handle the note of interest process differently.
If the seller is already considering accepting another offer or wishes to set a closing date (see our section on closing dates), their solicitor should contact your solicitor to ask if you wish to make an offer at that time.
However, it’s important to understand that noting interest does not guarantee you will be able to make an offer. If the seller receives an offer they are satisfied with, they have the right to accept it without setting a closing date or notifying other interested parties.
What is an offer?
In Scotland, an offer is a formal proposal submitted by your solicitor to the seller’s solicitor, typically in the form of a 2-3 page letter with Standard Clauses attached. Once you instruct your solicitor to make an offer on a property, they will draft and send this formal letter to the seller’s solicitor on your behalf. At Kaur Sutherland we do not charge fees for making an offer on a property.
Offers can also be ‘conditional’, meaning they may include specific requirements, such as subject-to-survey clauses or mortgage approval conditions.
An offer usually has a time limit for acceptance. This timeframe also allows your solicitor to review all legal aspects of the property, including checking the title deeds, examining any previous alterations or additions, and verifying planning applications that could affect the property. The seller’s solicitor will review the offer and Standard Clauses with their client to determine if any adjustments are needed before responding.
What information do I have to provide when submitting an offer?
The offer must include:
- A brief description of the property you wish to buy.
- The proposed date of entry (the date you plan to collect the keys and move in).
- The purchase price you are offering.
- Any items you wish to include in the purchase (e.g., appliances like the washing machine, or furnishings such as curtains).
- Standard legal terms needed to complete the conveyancing process and transfer the legal title to you.
How do I go about submitting an offer?
When making an offer on a home, there’s no one-size-fits-all approach, but a common guideline is to start around 10% below the asking price. This shows genuine interest while giving you room to negotiate.
It’s important to plan ahead. Consider your maximum budget and be ready to adjust your bid if needed. If negotiations reach uncomfortable figures, it might be a sign to reassess your options.
How many offers can I make on a house, and can I see other people’s offers?
You can make as many offers as you like on a house, especially if your initial offer isn’t accepted. However, estate agents typically won’t reveal other buyers’ exact offers since they represent the seller, not you. They might provide a general idea of the offer range but are not obliged to disclose specific amounts.
If an estate agent claims there’s a higher bid, they must not misrepresent or invent offers by law. While you can request proof, agents aren’t required to provide it, though some might share confirmation from the vendor’s solicitor.
What are missives?
In Scottish property transactions, ‘missives’ refer to the series of formal, written letters exchanged between the buyer’s and seller’s solicitors. These letters collectively form the binding legal contract for the sale of a property. Missives outline the terms and conditions of the sale and ensure transparency and accountability throughout the conveyancing process.
Key stages of missives:
- Initial Offer: The process begins when the buyer’s solicitor submits a formal offer (see section on ‘offers’) letter to the seller’s solicitor. This letter specifies the proposed purchase price and terms.
- Negotiating Missives: The seller may accept the offer or send a counter-offer. This negotiation phase continues until both parties agree on the terms, and each exchange becomes part of the contract.
- Concluding Missives: Once both parties agree on the terms, the missives are signed and concluded. This final set of missives forms a legally binding contract, and both parties are obligated to proceed with the transaction.
- Disposition and Completion: The buyer’s solicitor prepares the disposition (see section on ‘dispositions’), and the process moves toward settlement and registration. There is often an assumption that as soon as you begin these missive ‘stages’ that you are in a binding contract and you cannot pull out without repercussions. This isn’t quite true. Until the missives are concluded, either party could withdraw without penalty. Once the missives are concluded, both parties are legally bound to complete the sale.
Legal Implications of concluding missives:
- Buyer’s obligations: If a buyer withdraws without a valid reason, they may forfeit their deposit and be liable for costs, such as remarketing the property and covering any financial losses the seller incurs.
- Seller’s obligations: If a seller refuses to complete the sale without valid cause, they could face legal action and be required to pay damages.
- Court enforcement: Either party can be compelled by a court to fulfil their obligations under the missives if disputes arise.