Buying a House in Scotland

Buying a house in Scotland is slightly different from buying a house in other parts of the UK. It's not particularly complicated, and buying north of the border can often be quicker, but for those relocating from England and Wales there are a number of points you need to bear in mind.

Agreement in principle

Before you begin house-hunting in Scotland you need to have an agreement in principle for your mortgage. An agreement in principle takes the form of confirmation from your lender that, subject to various conditions, they are prepared to give you a mortgage up to a certain amount. This amount will be based on your income in much the same way as it is in the rest of the UK. Without an agreement in principle in place, any offers you make on properties are unlikely to be taken very seriously.

Sealed bids

In England and Wales, houses are normally advertised at a given price and the vendor accepts that he may well have to settle for a price that is lower than the original asking price. Under the Scottish system, the vendor sets a price and invites offers in excess of this via a sealed bids system. Although this type of secret bidding is sometimes seen in the rest of the UK, it is normally only in cases where the property is particularly expensive or desirable.

Commitment

When you buy a house in Scotland, if your offer is accepted, you are immediately under an obligation to buy that property. This is why an agreement in principle is required before you go house-hunting. By contrast, in England and Wales, you can pull out of buying the property without penalty up until the time when contracts are exchanged.

The Scottish vendor is also committed to the deal as soon as he accepts the buyer's offer. Hence the risk of gazumping (where the vendor later accepts a higher offer from someone else) is removed.

Solicitors

Because of the earlier commitment to buy, solicitors play a much greater role in the buying and selling of homes in Scotland. In many cases the solicitor will act as the selling agent for a property rather than an estate agent.

The actual house-hunting process in Scotland is much the same as anywhere else. But don't forget, when you are looking at properties, that the advertised price is the minimum you will have to pay, and is not a starting point for bargaining downwards.

As a buyer, you will need to appoint a solicitor before, or as soon as, you see a property you want to make an offer on. Once you are ready to make an offer, your solicitor will contact the selling agent and ask them to "note interest".

Finalising the mortgage

After this, you will need to finalise your mortgage application by going back to your lender and providing details of the specific property you are planning to buy. Once this is done, the lender's valuation and your own survey can be carried out.

Arranging a survey

Although your own survey is not compulsory, it is strongly recommended that you have one done before making an offer.Because you are legally committed to buy the property once you make your offer, it is important to know as much as you can about its condition. The results of the survey will help you as well when it comes to deciding how much to offer.

Of course, at this stage, there is no guarantee that your offer will be accepted, and so it is not uncommon to end up having to pay for surveys on more than one property. This is, unfortunately, one of the disadvantages of the Scottish system.In England and Wales, where you can make your offer and then pull out before contracts are exchanged, buyers normally only have to pay for one survey.

Making an offer

After the seller's solicitor has received notification of interest from two or more buyers, he will announce a closing date by which all of the offers must be received. Because a sealed bids system is used, no-one knows what anyone else has bid. Also, each buyer can only bid once, so it is important to think very carefully about what size offer to make and get it right first time.

Your solicitor will make the offer on your behalf and will also advise a "date of entry". This is the date when you will be given the keys to your new home, and is the equivalent of the completion date used in England and Wales.

Once the closing date for offers comes, the vendor will accept the highest bid and from this point on both parties are committed. There are no deposits involved unless you are buying a new property, but if either the buyer or the seller pulls out from here on, they are liable for any losses the other party may have incurred.

Concluding the missives

After the offer is accepted, the buyer's solicitor will "conclude the missives". This is similar to exchanging contracts under the English system. Once all the details of the sale have been agreed via this procedure, you as the buyer are responsible for the structure of the building and need to make sure you have adequate buildings insurance in place.

Settlement

All the funds to buy the property, together with all the fees, need to be ready for forwarding to your solicitor about two weeks before the date of entry. These monies will be transferred to your solicitor the day before your date of entry, and you will then need to sign the title deed to the property.

Finally, the vendor's solicitor will hand over the keys and the "disposition document" which legally transfers ownership of the property to you.

----

Copyright 2004 David Miles. You are welcome to reproduce this article on your website, so long as it is published "as is"(unedited) and with the author's bio paragraph (resource box) and copyright information included. In addition, all links to external websites must be left in place.

David Miles is the editor of a number of mortgage and personal finance websites including Scottish Mortgages - a website that contains a range of useful information on mortgages, remortgages, and house-buying in Scotland.

The talk show host pays $12 million for the 4,088-square-foot house with four bedrooms and four bathrooms. The ocean-view home sits on 1.26 bluff-top acres with beach access.

In one of the more talked-about transactions in town, actors Brad Pitt and Angelina Jolie have sold their Malibu beach house to daytime host and comedian Ellen De Generes for $12 million.

The four-bedroom, five-bathroom house built in 1920 for industrialist James Wigmore lists for $2,875,000.

A decorative cast stone entrance opens to this restored Spanish Colonial Revival-style house in Pasadena's South Orange Grove area. Built in 1920 for industrialist James Wigmore, the house retains such original details as coffered wood ceilings and arched doorways.

They don't believe they can sell their property for what it's worth, so they're spending money on making their homes more comfortable.

Do you fit any of these descriptions?

A biennial research report by the National Assn. of Realtors indicates that a handful of real estate agents and brokers and their clients either don't know the law or don't care to follow it.

When it comes to lawsuits, real estate agents and brokers tangle mostly among themselves.

The president aims to help about 3.5 million people with good credit who are unable to refinance at historically low rates because their homes are worth less than their mortgages.

 

The White House hopes to help millions of homeowners lower their monthly mortgage bill with a $5 billion to $10 billion plan to set up a streamlined refinancing program for people who are current on their payments.

The Standard & Poor's/Case-Shiller index of 20 large U.S. cities fell 1.3% in November from October as foreclosures continue to drag down the housing market.

Three straight months of home-price declines in the biggest U.S. cities showed that foreclosures remain a significant drag on a housing market that is entering its fifth year of deterioration.

L.A. Clipper Chris Paul may be quick down the court, but he moves pretty fast when it comes to buying multimillion-dollar real estate too.

Karen Mena managed to get a foreclosure on her San Bernardino home rescinded. But she continues to negotiate with Bank of America over loan terms and could still lose the house.

Foreclosure commonly represents the end of a struggle. A borrower can't pay a mortgage, loses a home and moves on.

A.F. Leicht designed quirky Spanish Revival houses in Los Angeles as well as evangelist Aimee Semple McPherson's landmark Angelus Temple. His interiors often had irregular-shaped or curved walls, rooms or hallways. This Los Feliz villa, with rounded rooms, fancifully shaped living room French doors and elliptical master bathroom, captures his signature style.