How does solicitor fee work in Scotland?

eloy7

I bought a home in England. For several homes, I made offers below the asking prices. When a seller accepted my offer, I asked the solicitor to do the conveyance process.

In Scotland, I cannot directly make an offer to the estate agent, but the solicitor should make a formal offer.

Owing to the 'offers over' practice in Scotland and the hot Pandemic market, I anticipate I should make numerous offers to find a reasonably priced home. How is the solicitor's fee calculated for making unsuccessful offers?

Is it something I can negotiate with the solicitor before a formal agreement?

MovingForwards

Most solicitors do the formal offer for free. The difference up here is solicitors also talk about the price and guide you.

There's nothing stopping you making an offer to the EA / seller and your solicitor following it up with the formal one.

eloy7

MovingForwards said:

Most solicitors do the formal offer for free. The difference up here is solicitors also talk about the price and guide you.

There's nothing stopping you making an offer to the EA / seller and your solicitor following it up with the formal one.

Thanks for the clarification!

1. You mean, people make offers through solicitors because solicitors assist them in polishing their offer?

2. How is an informal offer of a prospective buy (via phone or email) compared with the formal offer through a registered solicitor? As I said, I did the former in England; but is the latter a requirement in Scotland or just common practice?

theoretica

If the property has a closing date or is fixed price then only formal offers through solicitors are expected.  If the property is neither of those you can discuss informally with the estate agent/seller what offer you might make formally and if they would be likely to accept an offer or are planning to go to a closing date.

MovingForwards

1. The solicitors know from other sales / purchases what properties are selling for. They use that info to guide you on what to offer.

2. Your offer tends to be verbal, the solicitors offer is always in writing.

I viewed the property, a couple of hours later called the EA to say I liked the property, would offer £X subject to any survey required by my lender and whatever the usual terms are but my solicitor would deal with that side. Said if it's accepted I would email my solicitor to send over the formal offer on Monday and also instruct my broker to submit the mortgage offer. Asked the EA to call and let me know what the seller thinks.
- At this point I emailed the solicitor and broker, saying I've made an offer of £X and waiting to see if it's accepted or not. Would be in touch again when I know more.

Got a call from the EA to say seller will think about it over the weekend, discuss with spouse.
Got another call to say the seller wants £3k more.
I called the EA back and said my offer is what the seller wants. Confirm it's accepted and I'll instruct the solicitor / broker and they can pick it up when back in the office Monday.
All agreed and then I left it up to the solicitor and broker to do their side.

Possibly unconventional but I'd prewarned my solicitor I only know the English way and my broker was based in England. 

eloy7

MovingForwards said:

1. The solicitors know from other sales / purchases what properties are selling for. They use that info to guide you on what to offer.

2. Your offer tends to be verbal, the solicitors offer is always in writing.

I viewed the property, a couple of hours later called the EA to say I liked the property, would offer £X subject to any survey required by my lender and whatever the usual terms are but my solicitor would deal with that side. Said if it's accepted I would email my solicitor to send over the formal offer on Monday and also instruct my broker to submit the mortgage offer. Asked the EA to call and let me know what the seller thinks.
- At this point I emailed the solicitor and broker, saying I've made an offer of £X and waiting to see if it's accepted or not. Would be in touch again when I know more.

Got a call from the EA to say seller will think about it over the weekend, discuss with spouse.
Got another call to say the seller wants £3k more.
I called the EA back and said my offer is what the seller wants. Confirm it's accepted and I'll instruct the solicitor / broker and they can pick it up when back in the office Monday.
All agreed and then I left it up to the solicitor and broker to do their side.

Possibly unconventional but I'd prewarned my solicitor I only know the English way and my broker was based in England. 

Your story perfectly clarified my confusion.