Conveyancing searches

Size4riggerboots

Hi there,

I recently updated our lawyer about the progress of our mortgage application and I asked about the searches being carried out. He said that the searches are done after missives are signed. Surely that can’t be right or am I missing something?

marlasinger

Have you signed the Terms of Agreement, asking your solicitor to commence work?

davidmcn

You're possibly reading too many English guides about the process. Missives are conditional on searches being clear (and the searches are normally obtained by the sellers, though I see from other posts you're buying a new build so you might have to get them).

Size4riggerboots

Marla: We have not signed anything with our lawyer

David: I’ve been specifically reading the Scottish guides and yes you're correct it is a new build. I already have the missives. I just thought that during the time of our mortgage been processed that these searches would have been running concurrently so that precious time is not wasted. Who knows how long these searches take....

Our lawyer saying searches will be done after missives signed makes me feel uneasy. As once signed that’s us legally contracted to buy the house so if the searches throw something bad at us then we can’t pull out?

FTB here so I’ve probably read so much information I’m getting myself confused :S

davidmcn

Like I said, the missives are conditional on searches being clear. Some need to be done at the last minute anyway, and they only take about 24 hours to turn round.

If you don't understand what's going on, speak to your solicitor. They should be going through the offer with you anyway to explain it, if they haven't already.