Selling a home in Scotland

Post completion- If something goes wrong

If your solicitor has missed something that causes a loss to you, he or she may be liable to you for their negligence. If the other party in the transaction, i.e. you or the purchaser has failed to provide something you are entitled to, you can seek compensation from that party for your reasonable losses as they are in breach of contract. You may need to sue them in court if they will not pay up voluntarily.

If the surveyor gets it wrong

Every chartered surveyor has a professional duty to those entitled to rely upon his or her expertise. This duty applies both when the surveyor is acting for a purchaser directly, or has prepared a Home Report on behalf of a seller on which the purchaser relies. If an error is made in a survey or valuation which should reasonably have been avoided, you may be able to claim compensation. But watch out - surveyors can put in reasonable get-out clauses in their contract with you. Also be aware that there are various types or levels of survey from a basic valuation to an in-depth inspection (the seller's Home Report contains a second-stage, or more detailed and thorough, survey). It depends on what kind you instruct as to whether detailed examination of, say, under-floor areas is to be done, or close inspection of the roof is to be carried out. The more you ask for and pay for, the better your protection. There is a legal difference between a full survey and a mortgage valuation in terms of what protections you have.