Scotland FTB problems, please help

imalwaysangry

Hello everyone, I hope your collective wisdom can help clear things up for us a bit.

My partner and I are FTB and we are in the process of purchasing the property, the process of which has been long and arduous.

The property is in a dated condition but is in a very good area with great potential and was advertised and sold to us "Sold As Seen" with lots of contents, some of which we would throw out. It does have various antiques and valuable pieces, worth about £4k.

The seller is an overseas trust and dealing with them has been a nightmare however we thought we would be getting the keys today until we found out that the Seller's solicitor allowed some family members to go into the property to remove various items. Bearing in mind no one has lived in the property for years.

Our solicitor was frustratingly calm about it and didn't fight our corner and was saying it's probably for sentimental value. They then provided a list of some of the items, and it was all the valuable items that they took. No photographic evidence on their part.

Our bank loan has come in and our solicitor said she transferred this and the seller solicitor was holding it as unreceived and that she was holding the final declaration as unreceived, and that the missives hadn't been concluded.

Is it normal to transfer money before the missives are concluded?
What constitutes the missives being concluded?

Our solicitor says we don't own the property yet, so this doesn't count as stealing and that both parties could still withdraw at this stage over this last minute stunt.
The Qualified Acceptance outlined that "For the avoidance of doubt included are all moveable items....sold as seen". Surely that would mean they would have to redraw that letter as it would make the contract void.

It just feels like they strung us along for a very long time and tried to pull a fast one on us taking the last bit of value out of the property.

Do we have a legal leg to stand on to fight this?

Thank you!

DottieDam

Do you have a list of items being left at the property in one of the missives?

Our mortgage arrived with the solicitor before we concluded the missives but then we did the final bits very last minute just before Christmas.

davidmcn

Your solicitor should really have explained basics like this to you by this stage, but missives being concluded means that the tennis match of formal letters being swapped by the solicitors (starting with your offer, then a qualified acceptance by the sellers' solicitors, and so on with any further amendments) have reached the stage of one side saying "that's us all agreed now and we have a binding contract".

If missives aren't concluded then everything is in theory still up for negotiation, if you wanted to e.g. lower the price.

Transferring money between the solicitors doesn't have any legal implications.

imalwaysangry

When we viewed the property they said it included everything. They then let us in once again a few weeks later, once our offer had been formally accepted and that was still the case. It was only today, just before the missives were to be concluded did they say items were taken. The qualified acceptance stated we are to receive it as seen with everything and explicitly said that nothing is to be taken out.

My thought is as it hadn't been concluded, it technically was still up for alteration so they just thought what the hell.

Thank you, that explains re the money transfer.

We went into the offices and signed various documents then were waiting for weeks for the trust to send back signed declarations as well. Our solicitor transferred all of the money today and then we found out the new information.
Therefore my question is: do the two solicitors have to formally say "it is concluded" to each other for it to be concluded, therefore legally binding?

Thank you!

davidmcn

imalwaysangry wrote: »

do the two solicitors have to formally say "it is concluded" to each other for it to be concluded, therefore legally binding?

Not quite. The "ball" is in the court of whichever of them received the last missive. But sometimes there are time limits imposed (there always is for the offer anyway), so if you're past a time limit then you'll need both parties to agree to conclude. Your solicitor should be able to explain where you are.