The use of fixed price offers should be considered carefully.
This guidance applies equally to solicitors acting as estate agents as well as solicitors acting in the conveyancing.
It is common for Missives to be in an unconcluded state until shortly before or even at the date of entry.
Delivery howsoever effected is required before a missive is binding.
Liability for Information Contained in Property Questionnaire Solicitors should make clear to selling clients completing such questionnaires that responsibility for the accuracy and truthfulness of those questionnaires rests with the client.
The Society's Professional Practice and Property Law Committee’s view is that if a solicitor does not feel qualified to comment on environmental matters.
The Conveyancing Committee is of the view that conveyancing transactions should be settled with a letter of obligation being granted by the solicitor personally.
Where postal settlement is envisaged, the seller's Solicitor should send the executed deed and deliverable title deeds
Where postal settlement of a transaction is envisaged, good practice is to agree in advance the arrangements for the sending of and intromission with funds and other settlement items.
The Property Law Committee is aware that lenders occasionally insist on this.
The Property Law Committee recognises that ARTL has not progressed as expected.
Where a sum of money is to be retained at settlement of a conveyancing transaction, the conditions upon which it is retained should be set out in writing at settlement.
Solicitors should be aware that s.111 of The Land Registration etc. (Scotland) Act 2012 ("2012 Act") introduces a statutory duty of care to the Keeper.
Solicitors frequently experience difficulty in obtaining Discharges from lenders, particularly those based in England, where Discharges are not required in the same format and the registers can be cleared more easily.
Advice and Information
Aberdeen: Standard Missive Aberdeen Deed of Declaration 2007
The Scottish New Build Standard Clauses (Edition 1)
When is a Discharge not a Discharge?
This Advice Note was drafted by the Property Law Committee in consultation with the Scottish Government and the Council of Mortgage Lenders (“the CML”)
The CML have issued a handbook compliance checklist which members should have regard to when acting for lenders in residential conveyancing transactions.
The cheque clearing process known as 2-4-6 means there is a risk that the cheque sent out will be presented for payment at the sender's bank before the cheque paid in has cleared.