Removal of Scottish Standard Clauses

the-saucepan-man

I'm in the process of buying a house in Scotland, it's my first house purchase, so I'm new to the lingo and practices. As such, I'm hoping someone here can help explain or clarify some things that have me concerned.

In the seller's acceptance letter, several conditions from the Scottish Standard Clauses have been removed. I understand the removal of these conditions may be normal procedure, however we have concerns about the removal of condition 4 and the fact they've specified in reference to condition 1.1.4 that any items included in the sale are sold in the condition they are in, with no warranty.

The reason given for the removal of these conditions is because the subjects of the sale form part of an executry estate. This is understandable, the seller doesn't know the property well and can therefor not give any warranty as to the condition of it's contents. While this may be standard practice and completely understandable from the seller's point-of-view, it presents us with a significantly higher risk.

Our concern has been compounded by the fact the seller is flat out refusing to allow us a 2nd viewing of the property. Perhaps the seller has a valid reason for not allowing a 2nd viewing, but combined with the removal of the conditions mentioned above it's throwing up red flags in my mind and it's hard not to think that the seller may be trying to conceal something.

This sale is starting to feel more like an auction purchase, where no warranty is given and viewings are few and far between. It just feels like too much of a risk to take when we're putting our life savings on the line.

Am I over reacting or are we right to be worried about this? How do we ensure we're protected should any systems or appliances (heating, water, drainage, electric and gas) not be in working order?

ProDave

This is normal procedure in Scotland. you offer to buy it subject to certain conditions, the seller agrees to sell it but may vary the conditions. This is known as concluding the missives. Your solicitor is the person to talk to about this, and there will be some back and forth until a set of conditions acceptable to both parties is agreed, where upon the missives are concluded and you have a binding contract. (that is the abbreviated simple version)

Anything you are not happy with at the moment talk to your solicitor to get amended.

The property should have a home report giving a surveyors view of the property and it's condition.

AnotherJoe

the-saucepan-man wrote: »

Our concern has been compounded by the fact the seller is flat out refusing to allow us a 2nd viewing of the property. Perhaps theAm I over reacting or are we right to be worried about this? How do we ensure we're protected should any systems or appliances (heating, water, drainage, electric and gas) not be in working order?

You agree a price that includes allowance for none of those to be working amd need fixing.

However, I wouldn't even go there until I hada second viewing.no second viewing no purchase. I agree, seems very dodgy.

the-saucepan-man

ProDave wrote: »

This is normal procedure in Scotland.

Thanks for clearing that up, I'm a complete newbie when it comes to this. My solicitor didn't seem bothered about the amendments, but I've been feeling a bit uneasy about the whole process as the seller decided to use the same law firm as us, hence me here asking the internet.

ProDave wrote: »

The property should have a home report giving a surveyors view of the property and it's condition.

Yes, we've seen the home report and it all looks pretty good on paper. We're mostly concerned about things like the heating system which aren't checked as part of the home report. The listing for the house mentions the heating system, so I'd assume that if they've advertised it as part of the house, it should be in working order. I just want to be sure that we're covered if it isn't.

AnotherJoe wrote: »

You agree a price that includes allowance for none of those to be working amd need fixing.

Thanks for the suggestion. I guess this is another option to run past the solicitor should we not secure a 2nd viewing or manage to keep those conditions.

AnotherJoe wrote: »

However, I wouldn't even go there until I hada second viewing.no second viewing no purchase. I agree, seems very dodgy.

Thanks for the backup. I'd have liked to avoid ultimatums like this, but I feel like I'm getting backed into a corner, so perhaps it's time to throw down.

System

It's very common to not be allowed a second viewing after having an offer accepted on a property in Scotland, you've committed to buying it so they normally only let you back in once the missives are concluded.
If you wanted a second viewing you should have done it before putting an offer in

glennevis

Talk to your solicitor, I've always found Scottish solicitors are very approachable. I wouldn't expect a warranty on used goods but AFAIR I had 7 days after moving in to check everything included in the purchase was in working order.

Eels100

A second viewing between an offer being accepted and missives being concluded won't be allowed because it's often used as a way for the purchaser to try and find fault and screw the price down. As part of missives my buyer recently asked me reams of obscure, pernickety questions about the property which I had to come up with answers for to my best ability. But my solicitor said no way to a second viewing until missives were concluded, which also served as an incentive for them to hurry up and get on with it. I think in your shoes you won't get in again until you're legally committed to buy, and while I don't think there's likely to be anything sinister behind either the deletion of some clauses or the refusal of access, if you're concerned about the property you need to talk to your solicitor who can probably reassure you, or potentially pull out - learning the lesson that you need to be sure before offering.

scottishgirl87

As someone who was in a similar position, and finally got the keys on Friday, I would agree with everything that has been said about this being pretty normal in Scotland.

Ours was also an executry estate and we weren’t allowed a second viewing either. The only thing I’d warn you about is our purchase took 3 months in the end due to the court proceedings involved for the seller to sell the estate.

AnotherJoe

the_r_sole wrote: »

It's very common to not be allowed a second viewing after having an offer accepted on a property in Scotland, you've committed to buying it so they normally only let you back in once the missives are concluded.
If you wanted a second viewing you should have done it before putting an offer in

But surely if the seller is proposing amending the standard conditions and the buyer hasn't agreed to those yet, then the OP isn't committed to buying ?

If that's wrong then this is all irrelevant babble and the OP will have to take whatever arbitrary conditions the seller decides - and I can't beleive Scottish law is that bananas.

AnotherJoe

Eels100 wrote: »

A second viewing between an offer being accepted and missives being concluded won't be allowed because it's often used as a way for the purchaser [STRIKE]to try and find fault and screw the price down.[/STRIKE] discover the extensive faults the vendor successfully concealed from the purchaser on a cursory first viewing .

Fixed your typo

Eels100

Hahaaa! Yes, the OP isn't committed to buying, but nor should they have offered without certainty. Removal of standard clauses is no big deal.

I'm in the process of hopefully buying a house and so far we've had two viewings, three drive-ins, a builder in for estimates and I'm pretty sure when I do offer it'll be subject to an asbestos survey result.

How can you know what a property is worth without collecting this information first? Therefore offering is something you do on the basis of having enough info. If this buyer has fired on in there with an offer before being sure of the property that's not really the fault of the vendor, the law or anyone else!