
Home buying and selling has been at the core of VMH LLP since the firm's formation in 1986. Which is why our partners, associates, legal executives and support staff have accumulated such a vast wealth of experience in the Edinburgh and Lothians market.
Matching that experience is a service that offers measured professional advice in a friendly, approachable, 'plain English' way, whether you're buying a first flat or a country estate. And if you need help arranging a mortgage, our own independent mortgage consultant can help guide you through the huge choice on offer. The cornerstone of our client service is communication. This means that you'll be copied in on all elements of your contract, titles and important correspondence. All calls will be returned promptly and the person dealing with your transaction will always be available directly on e-mail. The minefield that is the 'blind bid' system of buying and selling a house demands that you have complete confidence in the advice and service you receive. At VMH LLP, our professional residential conveyancing service (the actual process of transferring the title to domestic property ie buying and selling) will give you that confidence.
The Process
Usually, the first stage in the buying process is to 'note interest' on your behalf. In effect this means, that you will be given the opportunity to make an offer for a property although this cannot always be guaranteed.
A contract of purchase and sale is effected by an exchange of letters known as 'missives'. Ideally, missives should be binding within a relatively short time, say between seven and fourteen days - at which time a binding contract on both purchaser and seller will have been entered into to pay over the purchase price at a specified date of entry.
The purchaser's agents then have to examine the titles to ensure the purchaser is acquiring a valid, marketable title, which is all in order and without defect. More often than not, the purchaser's agents will also draw up the loan papers in favour of their client's lenders and report that the title is in order and that the 'security' taken by the lender will be valid and enforceable.
At the scheduled date of completion, the purchase price is payable in exchange for good title, keys and various continuing obligations. Failure to pay or accept the purchase price on the due date will usually attract penalties which will be laid out in the concluded missives.
Following completion, the purchaser's title document, known as a 'disposition', will, if appropriate, be remitted to the Inland Revenue for payment of stamp duty. After that, it will be dispatched to the Land Register along with the loan document, known as a 'standard security', for land registration purposes. On completion of that process, the purchaser's titles will be forwarded to the lender for safekeeping.
This, of course, is only a brief outline of the various processes involved in house purchase and sale. If we've highlighted an issue you want to clarify, or have prompted a question or two, please don't hesitate to get in touch.