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Error found in disposition after sale. Scotland

I recently sold a property and was settled some weeks ago.

Been told the buyers solicitor made an error in disposition and can’t register property in buyers name. This is another mess up/hassle with them over the process. Some of hassles costing me money.

Legally do I have to sign this for them? Surely they can sort it out without me and more bills from my solicitor?

Comments

  • davidmcn
    davidmcn Posts: 23,596
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    Petals72 wrote: »
    Legally do I have to sign this for them?
    Yes, your missives almost certainly have a standard clause saying you are to provide whatever documents they need to register their title at the Land Register
    Surely they can sort it out without me

    If they could do that they would, surely? If they need your signature then either you need to sign or they forge it!
    and more bills from my solicitor?
    Your solicitor shouldn't be charging you extra given that (a) it isn't normal practice for this sort of thing and (b) they should also have spotted any fundamental errors since they agree the wording of the Disposition with the buyers' solicitor before settlement.
  • googler
    googler Posts: 16,103
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    Typical standard clause in this respect;

    "SETTLEMENT/REGISTRATION OF TITLE
    The Price will be payable on the Date of Entry in exchange for (i) a good and marketable title; (ii) a validly executed Disposition in favour of the Purchaser or his nominee(s); (iii) vacant possession of the Property; and (iv) the keys for the Property; together with:

    (a) if the provisions of the Land Registration (Scotland) Act 1979 (he Act”) relating to a first registration under the Act apply, (i) a Form 10 Report ..... etc "



    It would seem that you have received the buyer's monies, but that you, the seller, have not delivered the "validly executed Disposition" in exchange.

    This may well be due to others' failings, but IMHO I think you're still obliged to deliver this, comewhat may. Again, IMHO, but I think failing to do this leaves you legally in breach of contract.
  • googler
    googler Posts: 16,103
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    davidmcn wrote: »
    Your solicitor shouldn't be charging you extra given that (a) it isn't normal practice for this sort of thing and (b) they should also have spotted any fundamental errors since they agree the wording of the Disposition with the buyers' solicitor before settlement.

    I agree. They shouldn't be expecting you to suffer any inconvenience with respect to this, too. They should be doing all they can to make it easy for you to sign the disposition, at no further cost to you.
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