Residential property & conveyancing solicitors

Buying & selling your home in Scotland

The process of buying or selling a home is one of the most significant transactions in most people’s lives. It can also be one of the most stressful. At Harper Macleod, we work hard to alleviate this through good client care and regular contact with our professional staff.

We provide a quality service with a highly experienced, qualified team to assist and guide you throughout the process, looking after your interests and keeping you informed every step of the way. We can assist with negotiating your purchase and/or sale and advising at closing dates. This can be invaluable in today’s market. We can also help you decide which estate agents and home report surveyors you should be using to sell your property in your particular area.

You can find our offices in Glasgow, Edinburgh, Inverness, Elgin, Lerwick and Thurso.

Conveyancing solicitors in Scotland

As specialist conveyancing practitioners, who deal with the purchase and sale of property day in and day out, we understand that you are not just buying a house, but are perhaps buying your dream home.

Subject to your instructions we will negotiate the missive, or purchase contract. We will forward to you copies of all of the contractual stages of the missive and will keep you advised of all progress made in the conclusion of same.

On your behalf, we will:

• Examine the title deeds to your property.
• Provide you with a copy of these for your own information.
• Raise any relevant observations on the title with the seller’s solicitors to ensure that you receive a valid title to the property you are purchasing.
• Ensure that there are no matters contained with the titles which could materially adversely affect your interest in the property. This will guarantee that you encounter no difficulties when you come to sell the property later.
• After settlement, a full statement laying out all financial aspects of the transaction will be sent to you and we will attend to the registration of your title and any loan documents in favour of your lender.

As soon as the Land Register has returned your title documents to us, we will forward to you a copy of your title and the principal documents, where you have a mortgage, to your lender for their safekeeping, if required by them.

Understanding the Conveyancing Process

The residential conveyancing process is a pivotal aspect of property transactions, be it selling or purchasing a property. At its core, this process encompasses the transfer of legal title of property from one person to another.

1. Instructing a solicitor: the initial step in the property transaction process typically involves seeking the expertise of a residential conveyancing solicitor or a property lawyer. These professionals possess the specialised knowledge and skills necessary to navigate the legal complexities of buying or selling a property.
2. Pre-contractual phase: here, preliminary checks and searches are made, and inquiries posed to the seller. It’s during this stage that potential buyers might receive a home report, detailing the property’s condition.
3. Draft contract review: once preliminary checks are complete, both parties review a draft contract, clarifying and adjusting the terms of the sale.
4. Exchange of contracts: this stage solidifies the buyer’s intent to purchase and the seller’s intent to sell. Both parties are legally bound once contracts are exchanged.
5. Completion: This is the final step, where property ownership officially transfers. Once concluded, the buyer can take possession of the property.

Engaging with a skilled conveyancing solicitor ensures a seamless transition through these stages.

Understanding Conveyancing costs

Navigating the financial aspect of conveyancing is just as crucial as understanding the process itself. Here, we’ll break down the costs associated with conveyancing transactions.

Residential Conveyancing fees

Conveyancing fees generally cover the charges for the legal services provided by the solicitor or property lawyer during the transaction. These might include:

• Legal service fees: payment for the primary service of the conveyancing solicitor. Note that Harper Macleod can offer a fixed fee package depending on your circumstances.
• Search fees: these are costs associated with local authority searches, water and drainage searches, etc.
• Additional costs: can include fees for handling leasehold properties, additional correspondence, or unforeseen complexities during the transaction.

Legal Fees vs. Land and Buildings Transaction Tax

Legal fees and stamp duty land tax (SDLT) are two significant costs in a property transaction, but they serve different purposes:

• Legal fees: These are payments made to property solicitors or conveyancing lawyers for their services during the conveyancing process.
• Land and Buildings Transaction Tax (LBTT): LBTT is a tax payable on property purchases, varying depending on the property’s price, its location, and whether it’s your primary residence or an additional property.

Collaboration between Estate Agents and Property Solicitors

Estate agents and property solicitors play connected roles in the property transaction process:

• Estate Agents: Primarily involved in marketing properties and liaising between buyers and sellers. Their expertise aids potential buyers in finding the best deal and sellers in getting the best price.
• Conveyancing Solicitors: Solicitors handle the legal aspects of the transaction, ensuring that all paperwork, checks, and leg