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  • FIRST POST
    • Kit1
    • By Kit1 7th Oct 17, 12:41 PM
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    Kit1
    How different is it buying a house in Scotland to buying in England?
    • #1
    • 7th Oct 17, 12:41 PM
    How different is it buying a house in Scotland to buying in England? 7th Oct 17 at 12:41 PM
    Sorry if this has been asked before.

    We are thinking of moving to Scotland and wondered how different the process of buying a house in Scotland is to buying one in England.

    If anyone has any advice we would be grateful. TIA
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    • hazyjo
    • By hazyjo 7th Oct 17, 12:58 PM
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    • #2
    • 7th Oct 17, 12:58 PM
    • #2
    • 7th Oct 17, 12:58 PM
    https://mortgagerequired.com/news/differences-between-buying-a-property-in-england-or-wales
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    • Dorian1958
    • By Dorian1958 7th Oct 17, 2:49 PM
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    • #3
    • 7th Oct 17, 2:49 PM
    • #3
    • 7th Oct 17, 2:49 PM
    I would recommend you engage a solicitor in the area you are proposing to move to, having ascertained their costs for acting on your behalf. Explain your situation. When you see a property you would like to buy, your solicitor is all ready to act on your behalf. This is important, because under the offers over system, a popular property may go to a closing date, by which time your solicitor needs to have submitted your bid. Going to a closing date can sometimes happen within a week or so of going on the market. The solicitor, if local, should also be able to advise on how much over the offers over price, if any, will be necessary to stand a chance of getting the property. Hopefully that will match what you can afford and what you are willing to pay.
    • ProDave
    • By ProDave 7th Oct 17, 3:04 PM
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    ProDave
    • #4
    • 7th Oct 17, 3:04 PM
    • #4
    • 7th Oct 17, 3:04 PM
    I think you can only employ a Scottish solicitor to buy in Scotland.

    The system is VERY different, and becomes a binding contract on "conclusion of the missives" much earlier in the process than England.

    It might be hard tying a purchase in Scotland to a sale in England. We solved that by buying in Scotland before we sold the house down south.

    Depending on where in Scotland you are looking, you may or may not have the closing date issue, and in some places an offer under the "offers over" price may be acceptable.
    • bris
    • By bris 7th Oct 17, 3:05 PM
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    bris
    • #5
    • 7th Oct 17, 3:05 PM
    • #5
    • 7th Oct 17, 3:05 PM
    It's pretty similar tbh. Where as in England you exchange contracts to make the sale legally binding in Scotland we conclude missives.


    The usual needs done before then such as searches, mine reports etc and we try to get missives concluded as early as possible but I have concluded missives and completed on the same day before so it can if required be dragged out. Same as in England nothing is legally binding until missies are concluded.


    We also have an Offers Over system where a price is usually set lowish to generate interest then offers over this price are then asked for with a closing date, the highest price then wins in a closed bid system. In popular locations prices can go significantly over the home report so you need to do your homework well. Fixed price still exists and some are also sold this way.


    You can get to see the home report which will give a value on the property but as said it's just a guide line although anything above will need to be factored into the deposit.


    P.s banks usually ignore home reports valuations and have their own panel of surveyors they tend to make you use.
    Last edited by bris; 07-10-2017 at 3:08 PM.
    • glasgowdan
    • By glasgowdan 7th Oct 17, 6:33 PM
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    • #6
    • 7th Oct 17, 6:33 PM
    • #6
    • 7th Oct 17, 6:33 PM
    Where in Scotland are you thinking of moving to?

    Buyers spend next to no money up to the c9nclusion of missives...no home report etc. That's up to the seller and they must have one done before selling.
    • trailingspouse
    • By trailingspouse 7th Oct 17, 6:56 PM
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    trailingspouse
    • #7
    • 7th Oct 17, 6:56 PM
    • #7
    • 7th Oct 17, 6:56 PM
    Be aware that, because of the closing date system, you can't really put an offer in on more than one property at a time - or, at least, you have to be very careful. If they both have the same closing date, you could be successful on two properties, and as soon as the offer is accepted you have a binding contract. And you really don't want a binding contract on two properties.
    • topsales
    • By topsales 7th Oct 17, 9:15 PM
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    topsales
    • #8
    • 7th Oct 17, 9:15 PM
    • #8
    • 7th Oct 17, 9:15 PM
    The Home Report in itself makes the process very different - gives a value and notes any problems. I am currently trying to buy in England after living in Scotland for many years and buying many houses there. The house offer seems much more relaxed down here but much less binding. Seems like I could offer on as many properties in the same timescale as I like really - can't do that in Scotland. Think I prefer the Scottish system on the whole.
    • glasgowdan
    • By glasgowdan 7th Oct 17, 9:55 PM
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    glasgowdan
    • #9
    • 7th Oct 17, 9:55 PM
    • #9
    • 7th Oct 17, 9:55 PM
    Be aware that, because of the closing date system, you can't really put an offer in on more than one property at a time - or, at least, you have to be very careful. If they both have the same closing date, you could be successful on two properties, and as soon as the offer is accepted you have a binding contract. And you really don't want a binding contract on two properties.
    Originally posted by trailingspouse
    No... once the formal offer is accepted, you don't have a binding contract. Once they have accepted the offer it all has to be signed off by both sides which takes anything from a few days. Once that's done, it's binding. So if you do have two vendors accept your offer, you still have the ability to say no to the one you least like.

    But, you'll probably need to speak to two solicitors to do this for you as they usually won't make two offers at the same time.

    Given that solicitors often don't charge up to this point you're probably not going to lsoe out much by doing it.
    • Owain Moneysaver
    • By Owain Moneysaver 7th Oct 17, 10:39 PM
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    Owain Moneysaver
    My experience is that solicitors do now charge for unsuccessful offers.

    Scottish solicitors will not negotiate unless in good faith, so will not accept an instruction to gazump or gazunder, and will not usually accept an instruction to make simultaneous offers (unless of course you would be in a position to complete both offers if accepted).

    Most solicitors will use the standard terms of contract which covers everything from transfer of title to the heating system being in working order after completion and the house being clean and tidy.

    Scotland has had land registration for centuries, so you shouldn't have any problems with unregistered land (certainly not for most domestic premises) and we do not have leasehold so there are fewer difficulties when buying flats. On the other hand, there is specific law regarding tenement and flatted buildings. If buying a flat check the factoring (managing agent) arrangements. Not all blocks have factors, and not all factors are good. In many blocks you will be required to clean your stair on a rota.

    Scottish solicitors seem much more likely to give you a fixed price for conveyancing (so they won't rack up unneccessary billable hours at your expense) and they use email much more. You can actually buy a house in Scotland without signing anything! A typical conveyance can be done in 15 working days and in many cases you might be as little as 5 weeks from viewing to date of entry.

    You do need to have a solicitor at a very early stage, because as soon as you are interested in a property you instruct your solicitor to Note Interest -- you can do this even before viewing if you want. This means that as soon as any other offer is received, closing date set, etc, your solicitor will be informed and will tell you so you can decide if you also want to put an offer in, etc.
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    • Kit1
    • By Kit1 8th Oct 17, 12:43 PM
    • 269 Posts
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    Kit1
    Thank you everyone for your replies. We now have a starting point.
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    • googler
    • By googler 8th Oct 17, 6:09 PM
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    googler
    An offer on a property in Scotland includes, as well as the offer price;

    an entry date. You have to be sure you will be able to sell any existing property, and have funds available, by this date. Whilst there may be some scope to vary this after your offer, you're broadly expected to stick to it.

    the contract terms which will apply to the purchase. These are typically in the form of 'standard clauses'

    any extras to be included in the sale, or items excluded from it. This, again, can be varied later, but broadly speaking, you're agreeing this at the time of offer.


    In E&W, the fixtures and fittings list appears to be an afterthought, considered well after offers have been accepted, as does agreement on an entry date (and sometimes, the offer price), and as does agreement on the contract terms.

    These are what I see as the main differences - essentially, you agree/commit to more at the time of offer on a Scottish property than you do in E&W
    Last edited by googler; 08-10-2017 at 10:30 PM.
    • frugalmacdugal
    • By frugalmacdugal 10th Oct 17, 8:11 AM
    • 6,172 Posts
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    frugalmacdugal
    Hi,

    went to view a house yesterday, with the agent, owner is a teacher so was at work.

    Phoned owner at night, tried 2K below asking price, refused.

    Offered asking price, accepted, deal done.

    I'll see solicitor this morning and get legalities started.

    Should be in by end of month, as the seller has another house to move to, so everybody's happy.

    Just my place to sell now, no panic.
    Y'all take care now.
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