Selling a property
We have a strong conveyancing team who will ensure that the conveyancing for your sale (whether or not you decide to also instruct us for the estate agency) goes smoothly. Below we explain the main legal elements involved in selling a domestic property
Any property being marketed for sale must now have a home report available for inspection by potential purchasers. We can instruct this for you from your approved local surveyor.
If more than one party wants to offer for your house a closing date will often be set. This means that all interested parties will be invited to submit their offer at a set time on a set day. Even if an offer has been made previously the details of any such offers or prior discussions will not be divulged by us to another person. Each person offering therefore should have no inside knowledge about what any other person may be intending to bid. Just because a closing date is fixed it does not follow that one of the offers must be accepted. Similarly there is no obligation to accept the highest price; any or none of the offers may be accepted. However, a closing date generally produces the best offer available at the time and in the majority of cases the highest offer is accepted. If none of the offers is accepted at the closing date The Law Society lays down strict guidelines as to how matters should then proceed.
Most offers these days are many pages long. A number of clauses are of a purely technical nature and may not require to be discussed in great detail with you. Some practical points are, however, common to most transactions and we will go over these with you.
The letters forming the contract are also referred to as the missives and we will ensure that you are kept informed as to your obligations under the missives.
In Scotland, the aim is to tie up the deal as soon as possible so that it is binding on each party. The contract is concluded subject to various items being completed to each party’s satisfaction. Once the bargain is concluded much of the subsequent work involved in the transaction will be carried out between the buyer’s solicitors and ourselves – indeed if the transaction proceeds smoothly there can often be little of substance to report until nearer the settlement date
On the date of entry the purchaser has to pay over the agreed price in exchange for the title documents and the keys. There is no time (unless specified by the contract) by which this must be done but in most cases the purchaser will wish to settle by Mid-day. It is helpful if you can let us know as soon as possible when you will be able to hand in the keys to us. To save time on the actual settlement date you may wish to hand in one set of keys to us a day or so early and then leave the rest of the keys in the house when you move out. If there are any problems which are likely to delay settlement you will have been made aware of this in advance.
On the day of settlement any mortgage will be repaid and we will advise the Council tax authority of the change of owners. Where there are sufficient funds to do so we will deduct our fees and outlays and then promptly remit the balance to you.
“I completed a house purchase this week ,and I would just like to comment on the service I received …
From the moment I met Michaella , she put me completely at ease and dealt so efficiently with any questions that arose ,totally looking out for my best interest …..and keeping me up to date at all times .
I can’t thank her enough ……
I would also like to mention Margo who recently dealt with my late aunt’s estate ….she was a tremendous help to me also”
“I wanted to drop you an email to give you some positive feedback about Michaella.
We were recommended your firm by a relative, and Michaella guided us through what was a slightly complicated and protracted house purchase – ensuring we were kept informed and up to speed with developments. Her replies and letters were always timely and concise, and allowed us to understand the ‘legalese’!
Hopefully we will not be buying another house in the near future, but we would have no hesitation in using your services again”
“I just wanted to extend my thank you to Michaella, she has been fantastic assisting with my separation. She’s been understanding and supporting the whole way making sure I was always updated and checked in regularly” Miss M
“To all at Jameson + Mackay who helped us as a family with all that was involved with our father’s estate including the sale of his house we want to say many thanks for your help, professionalism and compassion. It was much appreciated and will be remembered. ” The W family, Oct 2021
Alison, I am writing to thank you and your team for completing all matters in connection with my late father’s estate. I am so pleased that my parents had the foresight to introduce us so many years ago. Please pass on my particular thanks to Pauline for the excellent way in which she handled matters. She has always been cheerful and very professional in all dealings I’ve had with her. She has always been easy to talk to and has helped make the process as easy as possible for myself which is much appreciated. Thank you once again for the excellent way that you have dealt with my late father’s estate. ” Mr K , July 2021
“Communication was very clear and responsive at all times and we signed our documents via a video conference call. Being able to proceed with key legal matters was very reassuring. All round a very positive experience in difficult times.”
Mr and Mrs J
“We are very happy with the service that has been provided by everyone at your company and we will be definitely using your services in the future as well as making recommendations to anyone we know.”
I should have sent an email earlier to thank you for all your work to make sure the settlement went through for the house (at both ends!) – we never met you in person but we both thought you were super efficient and we’re very grateful for your painstaking work on making sure that everything went through – as well as answering our emails quickly and reassuring us that all was well. It really is a great service that you provide.