House Purchase Conveyancing

Yes. A Solicitor is responsible for the legal work involved in buying or selling a property. This includes examining the title, dealing with the missives, carrying out the necessary searches and investigations, liaising with your lender where applicable, and completing the transaction at settlement.

At Middleton Ross, we can guide you through the process from your initial offer through to picking up your keys.

The missives are the formal letters exchanged between the buyer’s and seller’s solicitors which form the contract for the sale of the property.

They deal with matters such as the purchase price, date of entry and any additional conditions relating to the transaction.

Once the missives are concluded, the contract is legally binding.

As part of the conveyancing process, your Solicitor will carry out appropriate searches and investigations relating to the property.

These can include searches of the Land Register and relevant local authority information, as well as examination of the title deeds and other matters affecting the property.

The investigations help identify matters such as title restrictions, rights affecting the property, planning or building issues and other information which may be relevant to the property.

The precise searches and investigations required will depend on the property and circumstances of the transaction.

If we identify an issue with the property’s title, we will explain the problem to you and advise you on the options available.

Some title issues are relatively straightforward to resolve. Others may require additional documentation, enquiries or negotiations with the seller’s solicitor.

One of the key purposes of using a Solicitor is to identify potential problems in advance, to make the transaction as straightforward as possible.

Land and Buildings Transaction Tax (LBTT) is a tax that may be payable when you purchase residential or commercial property or land in Scotland.

The amount payable depends on factors including the purchase price and your circumstances. Different rates and reliefs can apply in certain circumstances, including for first-time buyers and purchasers of additional properties.

Your Solicitor will calculate the LBTT due on your purchase and can deal with the relevant return and payment on your behalf.

Settlement is the point at which the purchase or sale is completed. It is often referred to as the Date of Entry, or the Completion Date.

Your Solicitor will arrange payment of the purchase price to the seller’s solicitor in exchange for the documents required to transfer ownership of the property.

Once settlement has taken place, you will normally be able to collect the keys and take possession of your new property in accordance with the terms of the contract.

As early as possible.

It is sensible to have a solicitor instructed before you make an offer so that you are ready to proceed when the right property comes along.