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Scottish Conveyancing?

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After dealing with Scottish solicitors for over a year now I have come to the conclusion that I don't wish to use their services anymore.

The Scottish conveyancing system is different to the English and all offers have to be in Scottish Legal Form i.e. through a solicitor.

Anybody got any practical advice on how to DIY from there on in?

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Anybody got any practical advice on how to DIY from there on in?

How about enrolling at a Scottish University, get a law degree, start practising as a solicitor and then do your own conveyancing...

Unfortunately, they've got the whole thing nicely sewn up. I'm pretty sure they also pass the time in the briefs' waiting room at court by stitching up the property market. :angry:

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After dealing with Scottish solicitors for over a year now I have come to the conclusion that I don't wish to use their services anymore. 

The Scottish conveyancing system is different to the English and all offers have to be in Scottish Legal Form i.e. through a solicitor.

Anybody got any practical advice on how to DIY from there on in?

The system does have its advantages though. For example, gazumping and gazundering and virtually unheard of. Offers are more binding/formal.

The 'offers-over' system and the fact that the offers of competing buyers are not known gets criticism though, especially in boom times as people feel obliged to offer more than they are comfortable with because they don't know what anyone else is offering.

The other type of sale is 'fixed price'. Anyone with any sense selling just now is doing so with a fixed price.

Here's some quick info about it all:

http://www.hastingslegal.co.uk/Legal%20Services/buying.html

While being no fan of lawyers, I feel that they are a necessary evil in Scottish property transactions. There are big risks and lots that can go wrong. (Avoid fixed fee conveyancing if you want decent service.)

This is perhaps another aspect of the last few years where buying property has been portrayed to be something that anyone can do with minimal thought, like buying a take-away. Buying a house is a huge financial transaction and commitment and not something I'd like to leave to doing myself (although I'm not the kind of person who just signs anything or doesn't care about the details).

There are far easier ways to save much more money on a more regular basis (e.g. servicing your own car, shopping around or (legally) minimising your tax bill) than the infrequent cost of solicitors for something you do a few times in your life.

To answer your question about DIYing the process, I doubt it's possible unless you are legally qualified in Scots Law. The vendor's solicitor and possibly the lender would probably insist on you doing it through a solicitor.

Is it possible to buy a house in England without legal representation? If so, then this scares me! We could perhaps have people self-certifying their income and then doing their own conveyancing, then finding they can't sell their property when they need to because of some legal problem.

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I'm not looking to save money Walker, I'm looking to save stress.

One that I had neither started the sale neither did he complete it but upped my bill to £1400 from £600 on a 60k purchase. That fell through as I had the removal guy in the house.

My next one threatens to pull out every verse end and charge me for services rendered so far because they don't like what I want to buy. This is not on a fixed fee system, in fact this one is expensive but turning out to be a bit of a control freak.

I have found much of the talk about the Scottish legal system to be a myth. Both buyers and sellers can and do pull out though not due to gazumping etc.

In a stable property market it probably works better but in the recent house boom it's been expensive and stressful and completely inefficient.

I can't get the simpliest of my ?'s answered and to be honest I'm pig sick of the lot of them.

I did have a good English solicitor when I sold my property here but with the Scots ones I have felt completely unsupported and floundering when it comes to finding out info.

Conveyancing is I agree a bit of a minefield, but I did used to work in the profession as a secretary and lets face facts they aren't God (they just think they are) and I'm completely underwhelmed by them.

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Further thought:

Would it be beneficial to start up our own conveyancing link?

Advice by DIYers etc.

It may take some of the mystery out of conveyancing with the added benefit of shifting the power base a bit?

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I'm not looking to save money Walker, I'm looking to save stress.

One that I had neither started the sale neither did he complete it but upped my bill to £1400 from £600 on a 60k purchase.  That fell through as I had the removal guy in the house.

My next one threatens to pull out every verse end and charge me for services rendered so far because they don't like what I want to buy.  This is not on a fixed fee system, in fact this one is expensive but turning out to be a bit of a control freak. 

I have found much of the talk about the Scottish legal system to be a myth.  Both buyers and sellers can and do pull out though not due to gazumping etc.

In a stable property market it probably works better but in the recent house boom it's been expensive and stressful and completely inefficient.

I can't get the simpliest of my ?'s answered and to be honest I'm pig sick of the lot of them. 

I did have a good English solicitor when I sold my property here but with the Scots ones I have felt completely unsupported and floundering when it comes to finding out info.

Conveyancing is I agree a bit of a minefield, but I did used to work in the profession as a secretary and lets face facts they aren't God (they just think they are) and I'm completely underwhelmed by them.

I agree.

It looks like you've picked some bad ones, but it's difficult to know who to go to. Even personal recommendations can turn out to be problematic if anything unusual turns up.

The best thing is maybe to learn as much about it yourself as you can, so that you can ask sensible questions of them and let them know you're no mug.

I'm assuming you're doing this from a distance too, so that makes it more difficult. I went into the solicitor's office in person when I bought so that makes it easier.

I also made sure it was me instructing him. I did the price negotiation with the vendor directly and had a verbal gentleman's agreement with him that he would sell to me if I offered x. Then, possibly to my solicitor's annoyance, instructed him what to offer rather than being 'advised'. Both the vendor and I kept to our agreement and everyone was happy.

I think the trick is possibly to appear knowledgeable and ask sensible questions that show that you know a bit about the whole thing.

Good luck.

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Mmm, When I told my sol to offer x, they said they would be basically going against their principles and wouldn't be acting in my best interests so here's the bill and find another one.

We got past that bit but they are still not happy even though I subsequently negotiated the price down.

It's limping along but shouldn't be limping really.

Conveyancing is pretty simple, just a matter of following procedures and knowing what to look out for. Problem is its extremely boring as well! Maybe they just mess about like this to make it more exciting for all concerned?

Probably beats struggling which cereal to pick in the supermarket eh? Cos I get the general impression this is about the biggest real worry in their week!

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Mmm, When I told my sol to offer x, they said they would be basically going against their principles and wouldn't be acting in my best interests so here's the bill and find another one.

We got past that bit but they are still not happy even though I subsequently negotiated the price down. 

It's limping along but shouldn't be limping really.

Conveyancing is pretty simple, just a matter of following procedures and knowing what to look out for.  Problem is its extremely boring as well!  Maybe they just mess about like this to make it more exciting for all concerned?

Probably beats struggling which cereal to pick in the supermarket eh?  Cos I get the general impression this is about the biggest real worry in their week!

I gather he thinks you're offering too much? This is interesting if solicitors are saying that property is too expensive.

The bit I didn't like about the whole conveyancing thing was this tit-for-tat letter sending between the two solicitors.

"Clause 4 is delete.", "Clause 5, the word 'custard' is delete.", etc.

This is an opportunity for them to rack costs up between themselves.

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Not that interesting really Walker.

It's a non traditional build and they don't want me to buy it full stop. Couldn't be cheap enough. The surveyor type chappie they recommended hates it as well. But then I only got him in because they threatened to back out and charge me if I didn't. He got a couple of things wrong as well which made me lose confidence and also the way it has been valued seems erratic i.e. "the seller paid x amount for it x amount of years ago so it is worth x amount now". What happened to measuring it against current market values of similar properties?

What if he paid too much or too little. The assumption is that the previous valuation was accurate. It all seems a little slap happy to me.

Shame I'm not buying a flat in Edinburgh really because that would be easy!

Thing is, at the end of the day, I am happy with what I am buying. It's my money.

Plus I also got somebody else in on the side to look at it and their opinion is a tad different from that of my "official" valuer. But I'm keeping that under my hat at the moment.

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After dealing with Scottish solicitors for over a year now I have come to the conclusion that I don't wish to use their services anymore. 

The Scottish conveyancing system is different to the English and all offers have to be in Scottish Legal Form i.e. through a solicitor.

Anybody got any practical advice on how to DIY from there on in?

Here's some practical advice:

Use a solicitor. They may seem useless & expensive at times, but at least you can put the blame on them if something goes wrong.

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Guest Charlie The Tramp
Please. Cos in my experience they think they are untouchable.

They may think they are, but there are many ways to skin a cat. <_<

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Unfortunately Charlie in this particular instance I haven't found it and I'm a pretty determined little soul on the best day of the week.

To be honest I'm just sick of the "professionals" in this country full stop. It's a very long and boring story but I'm fed up to the back teeth of professions that just cover themselves every which way. Why can't they just do a proper job in the first place?

Don't know how half of themselves can look in a mirror in the mornings!

Gosh I'm pigged off aren't I?

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Some further advice:

If you must speculate in property.....

Buy low

Sell high!

If you want to earn income from a rental property

Buy low, rent out at a sensible value for a long time.

Sell high! (if things look dicey)

If you have bought high and are struggling with the repayments on your porfolio, why not climb aboard a web forum for years and keep up with the mantra "property will only go up and up and up, rents can only go up up up! Interest rates can only go down down down!" in the vain hope of reversing educated sentiment that this is not a speculative bubble! :D

Its all fairly simple really, isn't it TTRTR!!!!! ;)

TTRTR is the man who bought high.......... :lol:

Edited by Randall Herbert

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I was hoping TTRTR would come back with some concrete examples on this one.

Thing is I did buy low and sell high and I did it with a non conventional build property. Making 5x's investment.

Same thing happened when I bought that one. Nobody wanted me to. Everybody is a bluddy expert!!!

It's like wading through sludge in this country if you want to think outside the box.

I know what I should have done - Got a damn great mortgage offer and bought a standard construction property for about 50% over it actual value about 18 months ago.

Well that's what everybody else was doing!!!!

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OK TTRTR

Cheer me up.

Tell me you have successfully challenged a solicitor?

Please.  Cos in my experience they think they are untouchable.

Well lets see (sorry, didn't see your question yesterday).

Whenever I have bought or sold, things have never gone perfectly smoothly. But I have always had someone to call & complain to (my solicitor). In the end it was sorted out, so no, I haven't got any juicy stories to tell on that front.

But I have a feeling that if I DIY'd it, I might have plenty of juicy stories.

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Not sure about scotland but in england and wales it is not worth doing your own conveyancing if you are getting a mortgage. This is because your lender will also require the conveyancing work but it has to be done by a solicitor so they will just charge you for the work anyway. If you use a solicitor the lender will accept their conveyancing.

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Never thought about the mortgage side of it.

Perhaps cos I don't need to :)

That's me being smug - don't panic it doesn't happen often but nice to be reminded that I don't have to borrow!

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I would personally never, ever, ever buy from or sell to

someone who was doing their owm conveyancing.

It is a job for an expert.

And it requires someone taking complete responsibility and

liability for every action in the process.

A private individual would not have the resources to properly

compensate for the disastrous results of an errors.

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Gosh we are so get up and go in this country aren't we?

Bulldog spirit and all that.

No wonder people in the "professions" feel so secure, you are in awe of them.

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  • 301 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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