Residential Property Purchase & Sale – W&AS Bruce LLP
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Residential Property Purchase & Sale

Conveyancing is a term that not many people understand the meaning of, yet most people will have had conveyancing services provided to them at some point.

What is Conveyancing?

Conveyancing is the legal process of buying and selling property – transferring the ownership of a property from the seller to the buyer. The key to the success of this transfer is reliant on the legal process running smoothly and efficiently. It’s no lie that buying or selling property can be a stressful time, so it is crucial you choose an expert Conveyancing solicitor with plenty of experience who will guide you through what can be a complicated process. See our dedicated ‘Buying’ & ‘Selling’ pages to find out more about each aspect of our services in more detail.

How we can help

Our Conveyancing team have decades of experience between them and provide a full range of Conveyancing services. Within our team you will have access to dedicated, passionate and specialist property solicitors and paralegals who are highly qualified and skilled to deal with your transaction. Our service is personal, we keep our clients up-to-date and advised before problems arise and at all times we look to reach the best possible results and outcomes for each and every one of our clients.

Buying a Property

Buying a property or piece of land is most likely to be one of the biggest purchases you ever make…it’s exciting, it can also be stressful and, at times complex. It would benefit you to contact our Conveyancing team before doing anything if you are looking to buy as we can help deal with all aspects involved in finding a new home and guide you through the process.

We will:

  • Look through the Home Report and highlight any issues or areas of concern
  • Liaise with the selling agent
  • Put in formal notes of interest and help you decide on what you would like to offer if you are looking to purchase
  • Draft your formal offer
  • If your offer is successful we will work with the seller’s solicitor to conclude the Missives (a binding contract between the buyer and seller), all the while making sure you fully understand what you are agreeing to so there are no nasty surprises
  • Work with the seller’s solicitor to transfer the Title Deeds from their name to yours.

Selling a Property

It is an idea to have chosen who your Conveyancing solicitor will be prior to putting your home on the market, that way once you have found a buyer you can seamlessly continue with the legal side of selling and look to conclude the transaction in a timely and stress-free manner.

Your Conveyancing solicitor should always have your best interests at heart and look to solve any issues that arise in a professional, succinct and efficient way. That’s where our highly qualified team of dedicated, passionate and specialist property solicitors and paralegals come in.

We will:

  • Liaise with you estate agent for a seamless transfer from them to us
  • Talk you through the important details of the offer including price, proposed entry date and any other specific conditions and requirements requested by the buyer
  • Prepare a written acceptance to the successful bidder and sign it on your behalf…this will more often than not include certain conditions you would like your buyer to accept
  • Work through further negotiations with your buyers Conveyancing solicitor until both parties are happy with the terms
  • Conclude the Missives (a binding contract between the buyer and seller)
  • After some further checks, we will agree the disposition with the buyer’s solicitor and draw up new Title Deeds and transfer the ownership of your home to the buyer
  • We will then arrange for the repayment and discharge of your mortgage loan (if you have one) over the property.

Residential Leasing & Tenancy Service

Renting out a property or properties is often seen as a great and solid investment, yet so often it can be littered with legislative paperwork, regulations and tenant issues which can be challenging to keep on top of.

Peace of mind you are doing things right

If you are a landlord we recommend you seek professional and experienced advice from the outset – after all it’s our Conveyancing team’s job to stay ahead of changes and updates to rental legislation and paperwork so we can make sure our clients and their properties are protected, giving you peace of mind and security around your investment.

Our team can help you by:

  • taking the time to go through the various types of tenancy agreements available and discuss the best fit for you and your type of property
  • draft or check over lease/tenancy agreement go through all necessary legalities, terms, regulations, difficulties and issues you need to be aware of advising on problem tenants drawing up notices to quit and if need be, guide you through eviction proceedings if they become necessary

Transfer of Title

Title Deeds are legal paper documents authenticating the chain of ownership of a property and/or land since it was first registered. They also specify if there is a mortgage and will detail any access or other rights that come with, or are excluded from the property.

It is very important that they are kept in a safe and secure place, as they are evidence of the fact you own your property and/or land.

Changes and updates

If you would like to make a change to the Title Deeds of a specific property you own, for instance you would like to remove a joint owner’s name from the deed (perhaps you and your partner are separating and one person is buying the other out of their share) or you are looking to add someone else as a joint owner (for example your partner or children). You may be looking to gift your property to your children or grandchildren and transfer the ownership completely to them…whatever the circumstances, you need to involve a specialist as this can get complicated.

Signed, sealed, delivered

Our property experts can carry out all the necessary paperwork around the requested changes and record the updated information with the Land Register of Scotland.

Discharge of Securities

When there is a mortgage in place on a property your lender will normally hold your Title Deeds as ‘security’ against any future payment defaults or failure to comply with your mortgage conditions – it gives them collateral and the ability to repossess your property. However, once you are in the fortunate position of having paid your mortgage off in full then you should be advised by your lender you have the ability to ‘Discharge the Security’.

The process

This is the legal process of obtaining your deeds back from the lender for your safe keeping and drafting a deed of discharge for the lender to sign, stating they have given up their security over your property. Once this has been received back we then register this with the Land Register of Scotland. Once updated it shows that there is no longer a mortgage on the particular property and that you have free title to your home.

Remortgages

Although most mortgage providers now cover the costs of legal work if you are transferring your mortgage over to them, not all do and that is where our services come in.

Once you have gone through the process of working out if remortgaging will be beneficial for you with a mortgage adviser or from your own research – perhaps in the hope of saving you money or releasing capital – you will receive an ‘offer in principle’ and it is at this stage we step in.

What we will do

We will contact your existing mortgage lender to request the Title Deeds to your property and that they prepare a redemption statement for your current mortgage. After a valuation of your property has taken place you will receive a formal remortgage or loan offer which is sent to us to go through with a fine tooth comb. We will take the time to go through the requirements of the lender with you to make sure you fully understand and accept the terms.

Once you are happy and we are content that you have satisfied the lenders terms and requirements, you sign the document. When the old mortgage is paid off by the new lender we will register your remortgage with the Land Register of Scotland.

On occasion a remortgage can become as complicated as a purchase or sale, so it is imperative you choose a Conveyancing expert who has your best interests at heart and will work closely with you to meet your end goal.

EXPERIENCE IS 'KEY'

Access our team of dedicated and passionate legal experts for your property transaction. We prioritise efficiency and always strive to meet your specific objectives promptly. Expect personalised service and top-notch results tailored to your needs.

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