For many people, conveyancing is one of the least familiar parts of buying or selling a home. While most buyers and sellers understand the basics of finding a property or accepting an offer, the legal process can often seem more complex.
To help demystify the process, we’ve answered some of the most common conveyancing questions we hear from clients across Scotland.
What Is Conveyancing?
Conveyancing is the legal process of transferring ownership of a property from one person to another.
For buyers, this includes checking the property’s legal title, carrying out searches, reviewing documentation and arranging settlement. For sellers, it involves providing legal information about the property and transferring ownership once the sale is complete.
In Scotland, conveyancing is typically handled by a solicitor.
When Should I Instruct a Solicitor?
Ideally, you should instruct a solicitor as early as possible.
If you’re selling, your solicitor can help prepare the Home Report and marketing documentation and ensure everything is ready when a buyer is found.
If you’re buying, having a solicitor in place before you start making offers means they can act quickly when you find the right property.
What Are Missives?
Missives are the formal legal letters exchanged between the buyer’s and seller’s solicitors.
These letters set out the terms and conditions of the sale and purchase.
Once all terms have been agreed and the missives are concluded, a legally binding contract is created. At that point, neither party can withdraw without potentially facing financial consequences.
How Long Does Conveyancing Take?
Every transaction is different, but most purchases and sales in Scotland take between six and twelve weeks from offer acceptance to completion.
The timescale can vary depending on factors such as:
- The length of the property chain
- Mortgage approval times
- Title issues
- Search results
- The agreed entry date
Your solicitor will keep you updated throughout the process and advise if any delays arise.
What Searches Are Carried Out?
Your solicitor will obtain a number of legal searches before completion.
These commonly include:
- Property enquiries
- Local authority information
- Planning and roads information
- Land Register searches
- Legal checks affecting the property
The purpose is to identify any issues that could affect ownership, future use or value.
What Happens on the Date of Entry?
The Date of Entry is the day ownership formally transfers to the buyer.
On this day:
- Purchase funds are transferred
- Legal ownership changes hands
- Keys are released
- The buyer can move in
Once settlement has taken place, the transaction is complete.
Do I Need a Mortgage Offer Before Making an Offer?
Not necessarily.
Many buyers begin viewing properties before their mortgage offer is formally issued.
However, obtaining an Agreement in Principle before making offers is strongly recommended, as it demonstrates affordability and can strengthen your position with sellers.
Your solicitor can advise on the timing of any offer depending on your circumstances.
What Is a Land and Buildings Transaction Tax (LBTT)?
LBTT is Scotland’s equivalent of Stamp Duty Land Tax in England.
The amount payable depends on:
- The purchase price
- Whether the property is your main residence
- Whether you already own another property
Your solicitor will calculate any LBTT due and arrange payment to Revenue Scotland as part of the conveyancing process.
What If a Problem Is Found During Conveyancing?
Issues occasionally arise during property transactions.
Examples might include:
- Missing title documentation
- Boundary discrepancies
- Planning concerns
- Delays with mortgage lenders
- Search results requiring clarification
Most issues can be resolved with the assistance of experienced solicitors, although some may affect timescales.
The important thing is that potential problems are identified before ownership transfers.
Can I Buy and Sell at the Same Time?
Yes.
Many people buy and sell simultaneously as part of a property chain.
Your solicitor will coordinate both transactions to help align settlement dates and minimise disruption.
While this can add complexity, it is a routine part of residential conveyancing in Scotland.
Why Is Good Communication So Important?
Property transactions involve multiple parties, including buyers, sellers, solicitors, lenders, surveyors and estate agents.
Good communication helps keep everyone informed, reduces delays and ensures any issues are dealt with promptly.
Choosing a solicitor who communicates clearly and regularly can make the entire process feel much less stressful.
Final Thoughts
Conveyancing is a crucial part of any property transaction, but it does not need to be intimidating. Understanding the key stages and knowing what to expect can help buyers and sellers feel more confident throughout the process.
At MOV8 Real Estate, our experienced conveyancing team supports clients across Scotland, providing clear advice and regular updates from offer acceptance through to completion.
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