The conveyancing process is long and complicated, so it’s important to have the experts on your side to handle the nitty-gritty details and see your sale through to completion.

In Scotland, the conveyancing process differs from the rest of the UK, here’s everything you need to know from start to finish.

What is conveyancing?

Conveyancing is the term used for the legal process of transferring property ownership from the existing homeowner to the buyer. It is typically carried out by a solicitor or a licensed conveyancer, who will draw up contracts to be exchanged between the buyer party and the seller party. These contracts are also known as ‘missives’.

The conveyancing process also involves carrying out investigations into the property and the people who are buying or selling. This is when your conveyancing solicitor will conduct a series of checks to make sure that there are no potential issues that could present themselves further down the line. This provides both parties with clarity from the outset while also mitigating the chances of any unwanted surprises arising once the transaction is complete.

The process

Contacting your solicitor

Firstly, you’ll need to contact your solicitor to discuss your plans to sell. Once this has been confirmed, your solicitor will inspect your title deeds (the document which proves you own the home) and check if they are available for the buyer’s solicitor.

Your solicitor should also carry out searches with your local council. This is to ensure that there are no legal notices, orders or proposals which might prevent you from being able to sell your home.

What is a Home Report?

In Scotland, anyone selling a house must provide potential buyers with a Home Report, which should be obtained as soon as you decide to sell. There are some exceptions which apply to this, for example, brand-new properties sold off-plan do not require a Home Report.  

The Home Report consists of three documents:

• A property questionnaire completed by the seller
• A detailed survey prepared by a chartered surveyor
• An energy report to determine the home’s EPC rating

Finding an agent

A selling agent is an integral element of the selling process, as they will take over and act in your favour, making the whole experience less complicated. Your agent will write up a detailed description of your home and market it on various platforms to a large database of potential buyers. They will also deal with any enquiries, provide you with expert advice, and pass any formal offers over to your solicitor. 

Closing date and offers

Once you’ve chosen an agent and your home is on the market, you can wait for offers from buyers to come in. If several people express interest in buying your property, your solicitor will advise you to set a closing date. 

This is a deadline by which all written offers on your home must be given to your solicitor. Once you’ve set your closing date, you can then take a look at all the offers and consider which one is best suited. You do not have to accept the highest offer - or any at all - if you don’t want to. It’s best to carefully consider each one holistically, accounting for factors such as:

• The moving-in date
• Any requests or conditions from the buyer
• Their chain status
• Whether or not the buyer has a mortgage agreement in principle (AIP)

If a buyer has made a high offer but you aren’t agreeable to their conditions, your solicitor may be able to negotiate for you. 

Missives

Once you’ve settled on the right offer and have notified your solicitor, they will send a letter to your chosen buyer, this is called a ‘qualified acceptance’. 

Your solicitor and the buyer’s solicitor will then exchange a series of letters called ‘missives’. These are used to negotiate any conditions between you and the buyer until you can reach an agreement. Once both parties are happy, a ‘concluding missive’ will be written and act as a binding contract between you and the buyer.

Conveyancing and settlement

Your solicitor can begin conveyancing as soon as the deal has been agreed. This means they will go through the complex legal process which ultimately transfers the ownership of the property from you to the buyer.

Finally, the buyer’s solicitor will draw up a legal contract, known as the ‘disposition’. This is one of the last steps in the process and this document legally transfers the ownership over the buyer. Your solicitor will need to check it before handing it to you to sign. 

Right before the settlement (the day in which the buyer becomes the owner), you will need to sign the disposition and hand over the keys.

Ready to make your move?

It’s come to the end of your current tenancy agreement, and your tenants are ready to move on, but are you? We’re here to supply you with a simplified checklist on how to get ready to place your property back on the rental market. 


Agreed-upon end date 

If you have tenants that have decided to leave or whose contract has ended for your rental property, then you need to ensure you have both confirmed an end date. This is extremely important to ensure that all parties involved are aware of this agreed-upon end date. This should be written down in a contract. This contract should include the signatures of all parties so it can be proven that you have both agreed on it. This will give you a small fraction of safety and protection in case the tenant does not leave the property by the agreed-upon end date. Having this date in the diary will also allow you to plan so you have a smaller gap between tenants. 


Inspect the property

Inspecting the property is one of the most important steps when it’s the end of a tenancy. This will allow you to identify if they have cared and maintained respect for you and your property. Once they have removed all their belongings from the property, you need to ensure you complete a thorough inspection. This inspection will allow you to confirm whether you return their deposit or not. As a landlord, you will need to provide a good reason with evidence to not return their deposit; otherwise, they could penalise you and involve the court. During this inspection, it is also important that you make sure the past tenants have removed all their items from the property.


Check previous payments

Finally, before exchanging the keys and returning the deposit for the property, we would recommend going through all your previous payments with them. This will allow you to guarantee that they have completed all their payments. We would also recommend checking if there are no outstanding council tax and utility bills under the address of the property before parting ways with the tenants. This will allow you to once again be certain they were good, respectful tenants before returning their deposit.
 

Deep clean 

Once you have completed the process with the previous tenants and you are happy, we advise deep cleaning your property in preparation for new tenants. This is not a required step, but if the past tenants have not returned the property to its original state, you can claim the deposit. This can be used to pay for a deep cleaning service and anything else you may have to fix within the property. 

Re-list your property 

Are you happy with your property? If so, the next step is to get it back on the market! After taking updated pictures of the property, it can then be listed and show encouraging new tenants for the future.

If you are an independent landlord or a new landlord entering the market for letting, we advise collaborating with an estate agent. This will reduce your involvement with clients and leave fewer tasks on your to-do list. Allowing you to rent out your properties stress-free.

Get in touch with us today if you are seeking advice