Rules

no Rules for this topic

Guidance

Fixed Price Offers

The use of fixed price offers should be considered carefully.

Gazumping, Gazundering and Closing Dates

This guidance applies equally to solicitors acting as estate agents as well as solicitors acting in the conveyancing.

Avoidance of Delay in Concluding Missives

It is common for Missives to be in an unconcluded state until shortly before or even at the date of entry.

Delivery of Missives

Delivery howsoever effected is required before a missive is binding.

Home Reports

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.

Contaminated Land and Environmental Reports

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.

Letters of Obligation and Advance Notices

The Conveyancing Committee is of the view that conveyancing transactions should be settled with a letter of obligation being granted by the solicitor personally.

Postal Settlement

Where postal settlement is envisaged, the seller's Solicitor should send the executed deed and deliverable title deeds

Cheques and Electronic Funds to be Held as Undelivered

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.

Lender Remitting Funds Direct to Seller’s Agent

The Property Law Committee is aware that lenders occasionally insist on this.

Registration of Deeds – ARTL

The Property Law Committee recognises that ARTL has not progressed as expected.

Retention of Funds

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.

Land Registration Etc. (Scotland) Act 2012

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.

Discharges of Standard Securities

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

Scottish Standard Clauses

Aberdeen: Standard Missive Aberdeen Deed of Declaration 2007

Scottish New Build Standard Clauses

The Scottish New Build Standard Clauses (Edition 1)

Discharges of Standard Securities

When is a Discharge not a Discharge?

Notices of Improvement and Repair Grants

This Advice Note was drafted by the Property Law Committee in consultation with the Scottish Government and the Council of Mortgage Lenders (“the CML”)

CML Handbook Compliance Checklist

The CML have issued a handbook compliance checklist which members should have regard to when acting for lenders in residential conveyancing transactions.

Forms and Fees

no Forms and Fees for this topic

Alerts

Settlement Cheque Clearance

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.