What is the conveyancing process in Scotland?

Conveyancing process in Scotland

An At Home In Edinburgh guide

Introduction

Conveyancing is the legal process of buying and selling a property – an essential part of your home-selling journey. The conveyancing process in Scotland takes six to eight weeks on average, depending on the complexity of the transaction and the efficiency of your solicitor.

Our At Home In Edinburgh team work with you and your solicitor, to guide you through the complex conveyancing process. We go beyond marketing, viewings and negotiating the best sale price to ensure a smooth and successful transaction, to completion and beyond.

Here’s an overview of what to expect from the conveyancing process in Scotland.

Initial consultation and instruction:

  • You will need to engage with a solicitor at the start of your selling journey to discuss your requirements, to provide essential property details and to agree terms.
  • Once an offer has been agreed for your property, you will need to formally instruct your solicitor to act on your behalf throughout the conveyancing process.
  • Your solicitor will collate all the information they require to act on your behalf including proof of your identification and address, bank details, details of the property you’re selling, estate agent’s details, mortgage lender’s details and details of your deposit if you’re also buying a new home.

Property documentation and searches:

  • The buyer’s solicitor will liaise directly with your solicitor throughout the conveyancing process to request all necessary documentation including title deeds, property plans, and relevant certificates or reports. You will need to provide any warranties that are still in-date and completion certificates for works carried out in the property during your ownership.
  • Thorough searches will be conducted to identify potential issues such as planning restrictions, environmental concerns, or outstanding debts.

Mortgage and financing:

  • If the buyer is obtaining a mortgage, your solicitor will liaise with their lender to ensure all necessary arrangements are in place.
  • They will review the mortgage offer and provide guidance on any associated conditions or obligations.

Missives and contractual agreements:

  • Once the offer is accepted, your solicitor will draft and negotiate the formal agreement, known as “missives”.
  • Missives outline key terms, including the purchase price, completion date, and any additional obligations, ensuring a legally binding contract.

Completion and settlement:

  • On the agreed completion date, your solicitor will finalise the transaction, overseeing the transfer of funds and property registration in the buyer’s name.
  • Outstanding fees, land taxes, and other financial obligations are settled on your behalf.

Post-transaction:

  • After completion, your solicitor will manage property registration with the Land Registry and updating ownership details.
  • They ensure all legal requirements are met, providing you with peace of mind post-sale.

Communication

Conveyancing can be the longest part of the sales journey. Many solicitors do not provide clear or regular updates so sellers can often feel in the dark during this stage. By working with At Home In Edinburgh you can ensure timely communication through the rest of the journey.

We recommend advising your solicitor of your communication preferences when instructing them to act on your behalf.

Our commitment to better customer service means we ensure regular updates from our recommended solicitors, ensuring your complete peace of mind. If you have a solicitor that you already trust, we’d be happy to work with them.

Conclusion

Our At Home In Edinburgh team is not only committed to securing the right buyer for your property, but we support you through the complex conveyancing process with expertise and dedication. Please contact us for more information.

You can call in to our Marchmont office at 39 Warrender Park Road, Edinburgh, EH9 1EU, drop us an email at [email protected] or simply give us a ring on 0131 229 4001.