After reaching an agreement through the exchange of missives, the final phase of selling property in Scotland is the conveyancing and settlement process. Spearheaded by your solicitor, conveyancing is the legal procedure responsible for the seamless transfer of ownership from you, as the seller, to the buyer.
As part of the conveyancing process, the buyer's solicitor embarks on a comprehensive examination of the deeds to your property. This multifaceted review serves several purposes, including verifying your legitimate ownership of the home, ensuring there are no unusual conditions in the deeds that might impact the buyer, and making the buyer aware of any burdens, such as legal limitations on the property.
If you have an existing mortgage, it is imperative to settle the outstanding loan before the property can be transferred to the buyer. Your solicitor takes charge of coordinating the repayment process, ensuring that all mortgage-related obligations are fulfilled, clearing the path for the property's sale.
The culmination of the conveyancing process involves a critical document known as the 'disposition.' This document serves as a contract drafted by the buyer's solicitor and signifies the formal transfer of ownership from you to the buyer. Before agreeing to the disposition, your solicitor meticulously reviews its contents to confirm accuracy and alignment with the terms established in the missives.
In the lead-up to the settlement day, when the buyer officially becomes the property owner, the final steps include signing the disposition and coordinating the handover of keys. This momentous day marks the culmination of the entire selling process, emphasising the importance of careful documentation review and adherence to the agreed-upon terms.
Settlement means your solicitor will:
- Confirm to your lender (if you have one) that the home is now officially in your name
- Get the loan cheque from your lender (if you have one)
- Get your contribution towards the cost of the home
The disposition, being a legal document, carries significant weight in the property transfer process. Your solicitor's thorough examination ensures that the disposition accurately reflects the terms and conditions laid out in the missives, providing a secure foundation for the finalisation of the sale.
In summary, navigating the conveyancing and settlement stages demands meticulous attention to detail and coordination between solicitors. As a seller, understanding these processes and actively participating in the finalisation steps, such as signing the disposition and facilitating key handover, ensures a smooth transition of ownership and a successful conclusion to your property sale in Scotland.