A conveyancer or property solicitor will handle all legal aspects during the property selling process. It is advisable to appoint a solicitor as early as possible, as this will speed up the process and reduce any unnecessary stress.
Selecting a property solicitor
A solicitor who is familiar with this area should be chosen. Although the conveyancing process is generally the same across Scotland, it is your solicitor's experience, knowledge, proactiveness and attitude that can make a difference in the success or failure of your sale.
It is recommended that you have the same solicitor for both the purchase and sale of your property. This will make the process less stressful and allow you to move forward at a faster pace than if there were two solicitors.
Here are some questions you should ask a conveyancing solicitor before instructing them:
Is it a fixed fee? It can be difficult to predict how complicated and how time-consuming a purchase can be; however, most solicitors will offer a realistic estimate. Avoid law firms that offer hourly rates or vague estimated fees. These can quickly increase and make your purchase very costly.
Is everything included in your quote? In an effort to make the quote appear more affordable and attractive, some conveyancing quotes may leave out essentials like VAT, bank transfer fees, or other disbursements. So that you can budget for a final cost, make sure you get a complete quote.
How busy are you just now? It will take longer for busy solicitors to get back to you.
Are you more comfortable using email than the post?
Do I deal with you directly?
Will you work closely with my estate agent? The process will go more smoothly and be less stressful if solicitors work closely with your estate agent.
What experience do you have with this type of purchase? Complex purchases can include unusual conversions or plots of land. You should ensure that your solicitor has the appropriate experience in these areas.
What is the role of the solicitor or conveyancer for the seller?
- Obtain their formal instructions
- Verify the identity of the seller(s)
- Draft the contract and gather all relevant documentation including: Land Registry Title documents, Home Report, factor reports, Building Regulation documents, property particulars, and any other documents that the seller may have provided.
- To obtain a mortgage redemption figure, if applicable, from the seller’s current mortgage lender and make arrangements to pay any redemption penalties.
- To liaise with the buyer’s solicitor and respond to any enquiries.
- Negotiate missives and entry dates
- Transfer of money
- Facilitate the mortgage redemption process and any other legal charges against the Title (such as secured loans).
- Pay the Estate Agent fees
- Any additional legal work that is required in connection with the transaction
Instructing a solicitor – FAQs
When should I first contact a solicitor about selling?
It is often helpful to speak to a solicitor as soon as you are seriously considering a sale. They can explain the process, outline likely timescales and let you know what information and documents they will need from you.
Do I have to use the solicitor recommended by my estate agent?
No. You are free to choose any Scottish solicitor you are comfortable with. Some people like the convenience of using a firm linked to their agent, while others prefer a completely independent recommendation.
What will my solicitor do once I have an offer?
Your solicitor will review the offer, discuss any conditions with you and negotiate the missives on your behalf. They will also handle the legal work required to transfer ownership and to redeem any existing mortgage on the property.
How are solicitors’ fees normally structured?
Many firms offer a fixed fee for standard conveyancing work, with additional charges if the transaction becomes more complex. It is worth asking for a written estimate and checking what is included.