Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Petals72
    • By Petals72 1st Dec 17, 7:45 AM
    • 1Posts
    • 0Thanks
    Petals72
    Error found in disposition after sale. Scotland
    • #1
    • 1st Dec 17, 7:45 AM
    Error found in disposition after sale. Scotland 1st Dec 17 at 7:45 AM
    I recently sold a property and was settled some weeks ago.

    Been told the buyers solicitor made an error in disposition and canít register property in buyers name. This is another mess up/hassle with them over the process. Some of hassles costing me money.

    Legally do I have to sign this for them? Surely they can sort it out without me and more bills from my solicitor?
Page 1
    • davidmcn
    • By davidmcn 1st Dec 17, 8:26 AM
    • 6,265 Posts
    • 6,044 Thanks
    davidmcn
    • #2
    • 1st Dec 17, 8:26 AM
    • #2
    • 1st Dec 17, 8:26 AM
    Legally do I have to sign this for them?
    Originally posted by Petals72
    Yes, your missives almost certainly have a standard clause saying you are to provide whatever documents they need to register their title at the Land Register

    Surely they can sort it out without me
    If they could do that they would, surely? If they need your signature then either you need to sign or they forge it!

    and more bills from my solicitor?
    Your solicitor shouldn't be charging you extra given that (a) it isn't normal practice for this sort of thing and (b) they should also have spotted any fundamental errors since they agree the wording of the Disposition with the buyers' solicitor before settlement.
    • googler
    • By googler 1st Dec 17, 1:42 PM
    • 14,472 Posts
    • 9,347 Thanks
    googler
    • #3
    • 1st Dec 17, 1:42 PM
    • #3
    • 1st Dec 17, 1:42 PM
    Typical standard clause in this respect;

    "SETTLEMENT/REGISTRATION OF TITLE
    The Price will be payable on the Date of Entry in exchange for (i) a good and marketable title; (ii) a validly executed Disposition in favour of the Purchaser or his nominee(s); (iii) vacant possession of the Property; and (iv) the keys for the Property; together with:

    (a) if the provisions of the Land Registration (Scotland) Act 1979 (he Act”) relating to a first registration under the Act apply, (i) a Form 10 Report ..... etc "



    It would seem that you have received the buyer's monies, but that you, the seller, have not delivered the "validly executed Disposition" in exchange.

    This may well be due to others' failings, but IMHO I think you're still obliged to deliver this, comewhat may. Again, IMHO, but I think failing to do this leaves you legally in breach of contract.
    • googler
    • By googler 1st Dec 17, 2:15 PM
    • 14,472 Posts
    • 9,347 Thanks
    googler
    • #4
    • 1st Dec 17, 2:15 PM
    • #4
    • 1st Dec 17, 2:15 PM
    Your solicitor shouldn't be charging you extra given that (a) it isn't normal practice for this sort of thing and (b) they should also have spotted any fundamental errors since they agree the wording of the Disposition with the buyers' solicitor before settlement.
    Originally posted by davidmcn
    I agree. They shouldn't be expecting you to suffer any inconvenience with respect to this, too. They should be doing all they can to make it easy for you to sign the disposition, at no further cost to you.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

129Posts Today

2,862Users online

Martin's Twitter