conveyancing & property services

Residential Conveyancing

Buying or selling your home, we will complete the legal transfer of your property from the seller to the buyer carefully, efficiently and with the attention to detail which may prove to be invaluable. You need the services of a Solicitor to buy or sell your home, so please call us for an appointment.

We will provide a straightforward, professional but personal service to you. We try in most cases to ensure that you will deal with the same Solicitor from the beginning to the end of your transaction. We think we offer good value for money for the service provided. We have considerable knowledge and understanding of the local market, and the individuals involved and working within it, which may be invaluable to you. We act for both buyers and sellers, and your mortgage provider, both locally and throughout Scotland.

We will take your instructions in person, by telephone or by email. On occasion we have even been instructed by text to submit offers on our client’s behalf where we have a well-established relationship. Before doing so we do however require to comply with some formalities such as complying with the Money Laundering Regulations.

We know some people shop around for the cheapest deal. We cannot offer an individual service at a call centre rate. We find our clients prefer the reassurance of our service at what we consider to be a reasonable rate for the legal work undertaken. Please call us and we will explain our charges and provide you with an estimate of costs.

To give you some idea of the typical house sale/purchase we include three ‘step by step’ guides to give you a better idea of the work undertaken on your behalf :

  • Progress Of Typical House Sale

    Estate Agency:

    • Take your instructions, obtain details of lender and request titles.
    • Instruct Home Report or receive copy of your own Report. Receive emails from Open House or Surveyors and correspondence accepting terms, paying fee, arranging access, receiving and forwarding draft Report and sending revisals or approval.
    • View property, take measurements, check conditions in titles, draft Particulars, have Particulars checked by you, print Particulars for distribution.
    • Arrange photographs.
    • Have display card prepared for window or internal display.
    • Insert advertisements. Insert Internet advert.
    • Distribute Particulars and deal with enquiries and pass on Home Report links.
    • Arrange access for viewing and Surveyors.
    • Fix closing date or receive offer.

    Conveyancing:

    • Obtain P16 Report to check if title boundaries confirm to Ordnance Survey Map.
    • Check offer, discuss Conditions with you.
    • Deal with P16 discrepancies.
    • Prepare formal qualified acceptance.
    • Negotiate further conditions.
    • Conclude bargain.
    • Take copy Missives (Contract) for you.
    • Forward titles to Purchaser’s Agent.
    • Forward N.H.B.C. documents, Planning Permission, Building Warrant, Completion Certificate.
    • Prepare Consent/Affidavit under Matrimonial Homes Act and have same signed.
    • Order Property Enquiry Certificate from Argyll & Bute Council or Private Searchers – re. Planning Notices, Repairs Notices, Closing Orders, whether roads and footpaths public.
    • Order Sewers/Water Supply Certificate from West of Scotland Water Authority.
    • Deliver Matrimonial Homes Forms to Purchaser’s Agents.
    • Draw Form 10/12 Report in Property Register to ensure no undisclosed Securities, Seller has recorded title and in Personal Register to ensure no Court Orders against Seller which would prevent sale.
    • Request deed plan if necessary and all work re. identifying boundaries.
    • Have draft Form 10/12 checked by Purchaser’s Agents.
    • Request and exhibit Form 10/12.
    • Revise draft Disposition in favour of purchasers and have engrossment signed. Revise draft Form 1 and draft Form 4 for Keeper. (Or Form 2).
    • Revise Form 1 being Purchaser’s Application for First Registration.
    • Revise Form 2 if property is already a registered title.
    • Clear all points on title.
    • Revise Inventory of Titles Form 4.
    • Draft and engross Discharge of Building Society/Bank Security and have it executed. Prepare Form 2 for registration.
    • Request redemption figure.
    • Draw Retrocession of Life Assurance Society and receive their acknowledgement.
    • Draw Letter of Obligation – obliging firm to produce clear Land Certificate and have same approved by Purchasers.
    • On date of entry settle transaction receive price, pay off mortgages and deliver titles and keys.
    • Deliver Letter of Obligation.
    • Pay redemption figure.
    • Settle any Mandates.
    • Notify Council of Change of Ownership.
    • Draw Account and send you balance of sale proceeds.
    • Register Discharge with Form 2 and Application Form 4 in duplicate.
    • Send registered Discharge to Purchaser’s Agent.
    • Request Return of Letter of Obligation.
  • Progress Of A Typical House Purchase

    • Take your instructions and go over conditions to be inserted in offer.
    • Obtain and copy all documents required for Money Laundering Regulations and keep records.
    • Contact Seller’s Agent to formally note interest.
    • Check whether Home Report is available and if so, ensure seen by purchaser and lender. If necessary instruct Survey and telephone calls with Building Society/Bank to arrange/check details of loan.
    • Discuss terms of Home/Survey Report and loan conditions with you and prepare offer, forward to Seller’s Agent, adjust conditions and conclude the bargain. Send copy Contract (Missives) to you.
    • Receive title deeds and examine them for conditions, extent of boundaries and check Seller has valid title.
    • If First Registration, check Form P16 to ensure boundaries coincide with Ordnance Survey Plan. If discrepancy, agree remedial work.
    • Check that Building Warrants, Completion Certificates, Planning Permissions issued.
    • Revise draft Discharge of Seller’s Security.
    • Check Forms for Reports, and then Reports, to ensure title recorded, no undisclosed securities, no Court Orders preventing Seller from selling.
    • Draw Disposition in your favour, insert all necessary new conditions, rights of way, rights for services etc., send draft to Seller’s Agents for approval, engross Disposition and send to Seller’s Agents for signature.
    • Draft and have checked by Seller’s Agents Forms for registration and list of deeds.
    • Check Property Certificate from Council or Private Searchers. re. Closing Orders, Repairs Notices, Planning, outstanding Grants etc.
    • Check whether roads, water and sewers are private/public.
    • Receive loan instructions from Building Society/Bank, draw, engross and have you sign Standard Security (& Assignment of Life Policy).
    • Draw Matrimonial Homes/Civil Partnership Declaration or consent to loan and have signed.
    • Check Guarantees for Specialist treatment.
    • Report on title to Bank/Building Society and request funds.
    • Request and clear balance of price and any Stamp duty land tax from you.
    • Draw 7 page Inland Revenue SDLT Form and have signed by you or submit electronically.
    • Settle transaction, pay price and receive keys, Disposition in your favour, title deeds and all other Certificates and documents.
    • Forward SDLT Form to Inland Revenue and obtain Certificate.
    • Forward Disposition and Security to Land Register for registration with Forms and all relevant prior deeds and reports.
    • Take copies all necessary deeds and documents.
    • Report settlement/registration to Bank/Building Society.
    • Comply with any requirements of Keeper of Registers during Registration Process.
    • Receive registered deeds, Land and Charge Certificate, draw Inventory of Deeds in duplicate and send deeds to Building Society/Bank.
    • Draw Account.
  • Progress Of A Typical Local Authourity House Purchase

    • Take your instructions and go over conditions in Housing Association’s offer and check plan with you if available. Tell you to arrange Buildings Insurance.
    • Obtain and copy all documents required for Money Laundering Regulations and keep records.
    • Instruct Survey and telephone calls with Building Society/Bank to arrange/check details of loan.
    • Discuss terms of Survey Report and loan conditions with you and prepare qualified acceptance of offer, forwarding to Seller’s Agents, adjust conditions and conclude the bargain. Send copy Contract (Missives) to you.
    • Receive title deeds and examine them for conditions, extent of boundaries and check Seller has valid title.
    • Send plan to you for you to check.
    • Revise draft Restriction of Seller’s Security, draft Disposition in your favour and draft Discount Security.
    • Obtain Form 12 Report if required, to ensure title recorded, no undisclosed securities, no Court Orders preventing Seller from selling.
    • Draft and have checked by Seller’s Agents Forms for registration and list of deeds.
    • Check Property Certificate from Council if required re. Closing Orders, Repairs Notices, Planning, outstanding Grants etc.
    • Check whether roads, water and sewers are private/public.
    • Receive loan instructions from Building Society/Bank, draw, engross and have you sign Standard Security (& Assignment of Life Policy).
    • Have you sign Discount Security.
    • Draw Matrimonial Homes Affidavit/Consent to loan and have signed.
    • Report on title to Bank/Building Society and request cheque.
    • Request and clear balance of price from you.
    • Settle transaction, pay price and receive Disposition in your favour, title deeds and all other Certificates and documents.
    • Forward Disposition, two Securities and Deed of Restriction to Land Register for registration with Forms and all relevant prior deeds.
    • Take copies all necessary deeds and documents.
    • Report settlement/registration to Bank/Building Society.
    • Receive registered deeds, Land and Charge Certificate, drawing Inventory of Deeds in duplicate and send deeds to Building Society/Bank.
    • Draw Account.