Home buying scotland

oliel

Have put an offer in for a house it hasnt progressed in any way yet. Ours in under offer we are having to hold off concluding the missives on our sale as as awaiting our mortgage porting to be agreed. Today another house has come onto the market that may be more suitable for us. If we withdraw our offer on the current house is our solicitor still able to put the offer in on a difference house for us. I vaguely recall him saying if we did that he couldn't act for us? This house buying market in Scotland has become very confusing at the moment.
Also if we have applied for the mortgage on the current house if it gets agreed and we decide on somewhere else can we just change it to that - any difference in price would be covered by our own money i.e we would not need to borrow any more.
Thanks for the advice in advance.:j

googler

Define 'not progressed'.

Not accepted or declined?
Verbally accepted?
Accepted in writing?

oliel

googler wrote: »

Define 'not progressed'.

Not accepted or declined?
Verbally accepted?
Accepted in writing?

All we have been told is that they have accepted offer - we have heard nothing else from them in 2 weeks - they are divorcing and not living in the house it took them 1 week to accept offer which was a decent offer. I honestly dont know if its been accepted verbally or in writing. The house is still showing as for sale. I was under the impression we could pull out as long as missives were not concluded. As far as our sale is going they have had a refresh homebuyers report done and requested titled deeds but the missives have not been concluded. TBH we feel our solicitor who is selling our house and the house we put the offer in on is putting loads of pressure on us to conclude missives on sale (heard nothing much from him on purchase) We have expressed to him we do not want to be legally binding on sale until we have the mortgage offer in our hand as we do not want to end up renting - not alot to rent here at all. The offer on our house and acceptance has been in writing but we have not agreed to the terms ie fixtures fittings entry date etc. Our solicitor is making us very nervous. We have explained on numerous occasions that we cannot be legally binding until we have our mortgage offer but the response we continually get is we could loose our sale. We have been told mortgage is with underwriters now 2-3 days then valuation 7 days then offer 2 days - we have explained this to our solicitor also. We are feeling he is not acting in our interest. HELP we are really worried we are going to end up homeless with 2 small kids. PS Could do with some really sound advice been on web for ages and just getting more and more confused with conflicting advice.

googler

oliel wrote: »

All we have been told is that they have accepted offer - we have heard nothing else from them in 2 weeks - they are divorcing and not living in the house it took them 1 week to accept offer which was a decent offer. I honestly dont know if its been accepted verbally or in writing.

Your solicitor should be able to tell you, as any acceptance in writing will be directed to them. Your solicitor has put your offer to them in writing, hasn't he?

The house is still showing as for sale. I was under the impression we could pull out as long as missives were not concluded.


Legally, yes.

As far as our sale is going they have had a refresh homebuyers report done and requested titled deeds but the missives have not been concluded. TBH we feel our solicitor who is selling our house and the house we put the offer in on is putting loads of pressure on us to conclude missives on sale (heard nothing much from him on purchase)

Read about 'conflict of interest' at the Law Society website - https://www.lawscot.org.uk/rules-and-guidance/section-b/rule-b2-conflict-of-interest/guidance/b21-conflict-of-interest-generally


We have expressed to him we do not want to be legally binding on sale until we have the mortgage offer in our hand as we do not want to end up renting - not alot to rent here at all. The offer on our house and acceptance has been in writing but we have not agreed to the terms ie fixtures fittings entry date etc. Our solicitor is making us very nervous. We have explained on numerous occasions that we cannot be legally binding until we have our mortgage offer but the response we continually get is we could loose our sale. We have been told mortgage is with underwriters now 2-3 days then valuation 7 days then offer 2 days - we have explained this to our solicitor also. We are feeling he is not acting in our interest.

The same solicitor CANNOT act for the buyer and seller of a property, although some solicitor firms get around this by allocating the buyer to one solicitor, and the seller to another within the same firm.

HELP we are really worried we are going to end up homeless with 2 small kids. PS Could do with some really sound advice been on web for ages and just getting more and more confused with conflicting advice.

Where have you got the other advice from? Many of the 'guides' to buying in Scotland on the web are written by people in E&W and can be wrong, vague or out of date.

hcb42

why dont you ring the solicitor?

you are in control here, you instruct the solicitor, so no idea how you could end up homeless?

beecher2

I agree that you should be phoning your solicitor for advice. Ask him what would happen if you withdraw from the purchase and for a general update on where you stand at the moment.

oliel

googler wrote: »

Where have you got the other advice from? Many of the 'guides' to buying in Scotland on the web are written by people in E&W and can be wrong, vague or out of date.

Sorry miss led you there the solicitor is selling our house and he is also selling the house we are buying he is not the solicitor for the house we are buying just the estate agent as such and is also the estate agent for our property but also our solicitor - hope this makes sense.

oliel

hcb42 wrote: »

why dont you ring the solicitor?

you are in control here, you instruct the solicitor, so no idea how you could end up homeless?

the solicitor is pushing to conclude missives on our sale if we conclude them and we dont get our mortgage in effect we have sold our home and dont have a mortgage for another - there is very little on the rental market here. Hope that makes sense. TBH all the solicitor is concerned about is pushing the sale of our property - no mention of our purchase since we put the offer in. Perhaps this is because we need our mortgage offer before we can proceed further? One more question if we decide on another property and we have a mortgage agreement in place for property we pulled out on would we have to go through the mortgage application again or just get a valuation done? We wouldn't need to borrow any more money. Thanks again

oliel

beecher2 wrote: »

I agree that you should be phoning your solicitor for advice. Ask him what would happen if you withdraw from the purchase and for a general update on where you stand at the moment.

Thanks - we havnt even viewed the other property are we able to view it even though we have an offer on another property i think its a written offer we have but its gone no further than the initial offer.

beecher2

oliel wrote: »

Thanks - we havnt even viewed the other property are we able to view it even though we have an offer on another property i think its a written offer we have but its gone no further than the initial offer.

Phone your solicitor for clarification about how far you are with the purchase before you do anything.

googler

oliel wrote: »

Sorry miss led you there the solicitor is selling our house and he is also selling the house we are buying he is not the solicitor for the house we are buying just the estate agent as such and is also the estate agent for our property but also our solicitor - hope this makes sense.

The 'solicitor' for the house you're buying has, as an EA, passed your offer on to another solicitor to complete the legal work ... ?

So;

Solicitor A is marketing your house and carrying out legals for you, and is also marketing the house you're buying.

Solicitor B is carrying out the legals for the house you're buying, but isn't marketing it. He's been brought in to get around conflict of interest.

Is that it?