Introduction
The process of buying a property in Scotland commences with your offer being accepted. The offer, when accepted, will be subject to terms and conditions. They may relate to availability of mortgage, or clarification of a matter in the Home Report, this is normal practice. From the sellers point of view, your offer will be subject to them having good title to the property.Any Date of entry at this stage is usually a guideline for the parties involved and no party should consider the date of entry as guaranteed.

The Functions of the Buying Solicitor
The purchasing solicitor will represent the buyer and the lender (if applicable). They will be primarily interested in the title to the property, the permissions and consents for any alterations and if the property is less than 20 years old, completion certificates for its construction.

As soon as the buying Solicitor has ascertained that the sellers title is acceptable to the buyer and their lender, he/she will turn their attention to a variety of matters relating to the seller, the factoring agreements, and matters disclosed in the Home Report.

Searches Against the Seller & Property
A seller must not be inhibited, or have on going court action which may affect the property, such as breech of planning regulations or SEPA issues. The selling Solicitor will produce to the purchasing Solicitor a local property search and legal report, covering the sellers property and the seller personally. On the basis that this is clear this stage of the transaction is completed.

Factored Property
If the property you are buying is factored, the selling solicitors will ensure that the factors bills is cleared as at the date of entry and the account is transferred into the new owners name. Most importantly the factor shall advise in their documentation if there are any major works instructed or in contemplation. If so, the outgoing owner is normally liable for their share of the costs and the selling Solicitor will undertake to retain a proportion of the sale funds to meet the factoring cost of the work, when completed.

Identification and Anti Money Laundering
During the process the purchasing Solicitor will be legally required to identify their clients, and most importantly verify the source of any funds being used to purchase the property. This is normal practice. The identification and source of funds will apply to any party who is supplying finance by way of gift to assist the purchase.

The Conclusion of the Contract
Towards the end of the transaction after all checks and enquiries have been made, the purchasing solicitor will conclude the contract for your purchase. At this point the date of entry is more or less guaranteed and penalty clauses will come into effect if any party fails to either, move out, or buy on the date of entry.

The puchaser will sign the Standard Security in favour of his lender, and the seller will exchange a signed disposition ( deed of transfer ) to the purchasing solicitor in exchange for the purchase price.