Selling a home in Scotland


This part of the process involves your solicitor sending the purchaser's solicitor the title deeds and related documentation for examination, to make sure the purchaser is getting good title and clear searches and reports. The purchaser's solicitor examines these, and draws up a title deed for transfer to the purchaser of the property.

He sends the title deeds and searches back to your solicitor with the draft disposition (new title deed), your solicitor then processes everything, and sends the purchaser's solicitor the up-to-date searches.

The purchaser's solicitor then receives the loan papers from the purchaser's mortgage lender. He processes these and draws up a standard security to be signed by the purchaser(s). This is the fundamental mortgage document and gets registered in the Land Register of Scotland with the purchaser's new title deed after completion.

The purchaser's solicitor advises the purchaser what exact sum is needed - deposit, legal costs, stamp duty if any, and arranges for that to be paid to him in time for completion.

Or, if the purchaser is also selling a property to finance the new purchase, the solicitor will calculate the money to come in from the sale, to be paid out for the purchase, and the relative costs on both transactions, and advise the client if he has to pay money in to finance the purchase, or if there will be money left over that will go back to the client at the end of the process.

At the same time he reports to the mortgage lender as to the title and searches being clear, and asks for the mortgage funds to be sent to him to join with the client's money ready to be paid over at completion.