Overview of the Buying and Selling Process

These pages will, we hope, help guide you through the legal process of buying and selling Property in Scotland.

As with any other process or profession there are words and phrases which are used by solicitors, estate agents, Mortgage brokers and lenders which might not be familiar to you.

We have listed these words (which appear in italics) in a separate Glossary of Conveyancing Terms.

Key Steps if you are a Buyer:

  • Organise your finance.
  • Organise your solicitor
  • Be available for updates in your transaction and to sign documents.
  • Transfer funds.
  • Organise Buildings Insurance.
  • Organise your removal.
  • Notify Council Tax, electricity and other suppliers, banks etc and friends and family.
Key Steps if you are a Seller:

  • Organise marketing.
  • Organise your solicitor.
  • Put together paperwork such as documents for alterations or specialist treatment works.
  • Be available for updates in your transactions and to give instructions.
  • Organise your removal.
  • Sign documents and hand over keys.
  • Notify Council Tax, electricity supplier etc, banks etc and friends and family.

 

Solicitor’s Key Steps if you are a Buyer:

  • Prepare and send Offer.
  • Examine Title Deeds and Reports.
  • Prepare Disposition and Tax documentation.
  • Prepare Mortgage deed (Standard Security) and arrange drawdown of Mortgage funds.
  • Arrange signatures and funding.
  • Complete the purchase.
  • Register Disposition and Standard Security
Solicitor’s Key Steps if you are a Seller:

  • Receive Offer
  • Prepare Acceptance and deal with Contract.
  • Obtain Title Deeds and deal with queries.
  • Obtain Reports and deal with queries.
  • Arrange signature of Disposition.
  • Complete the sale.
  • Pay your Mortgage and distribute balance of funds.
  • Register Discharge of Mortgage.

The key steps are usually carried out pretty much in the order shown.

Often, however, several of the steps will be taken at the same time – so that the transaction is co-ordinated to complete on schedule, usually on the date that has been proposed from the outset.

If you are buying and selling at the same time, both transactions are co-ordinated and often some of the steps are dependant on completion of a step of the other transaction.

If you are going to be away at all …

It is important that if you are likely to be away on holiday or work or otherwise unavailable that you should let your solicitor know. This is because the timing of certain steps can be critical and your unavailability – even for a few days – could cause difficulties with your transaction.

If your solicitor knows in advance that you may be unavailable, they can work round that.

How we can help

Please get in touch, if you have questions about any aspect of this house buying and selling process overview – or about any aspect of our conveyancing services, generally. Call one of the members of our Conveyancing Team on 01343 544077 or send us a Free Online Enquiry.

Header Image: Sign for The Moray Way, near Spey Bay, Moray.