If you are considering selling your property the first person to contact is your solicitor who can guide you through all the requirements.
Your solicitor will advise you on the price you should expect to receive for the property and the best way of advertising it for sale. For example, if in Edinburgh and surrounding districts it is important to ensure that the property is being advertised in the Edinburgh Solicitors' Property Centre (ESPC) at 85 George Street, on their website at www.espc.com and in their Weekly List issued each Thursday. In addition to the ESPC website, your solicitor should be able to place the advert on their own website.
Your solicitor will provide a full Estate Agency service, prepare Schedules of Particulars, advise on advertisements and will arrange to erect "for sale" signs.
Perhaps only one potential buyer will be found for your property and if this is the case, your solicitor will try to negotiate the best selling price for you. However, if there are two or more potential purchasers then it may be advisable to fix a "closing date" when all interested parties will submit their best offers. At a closing date you could select which offer you wish to accept although you are not bound to accept any particular offer for the property even at this stage. However your solicitor will give you appropriate advice at the time that a closing date is set.
Once you have decided to accept an offer your solicitor will negotiate the terms of the sale with the purchaser's solicitor until there is a binding contract or in Scottish terms "concluded missives". This is the point at which your property is sold and neither you nor the purchaser can withdraw from the contract without incurring financial penalties.
Your solicitor will carry out all conveyancing matters dealing with any queries on the title deeds, carrying out searches and providing Local Authority Certificates to the purchaser's solicitors. If this is your second or subsequent property your solicitor will arrange for your existing mortgage to be repaid at the date of entry. The date of entry is the date on which the price will be paid by the purchaser to your solicitor in exchange for the keys, the title deeds etcetera.
Whilst your solicitor would hope to effect settlement by transfer of cleared funds on the date of entry, often this is not possible and the purchaser's solicitors cheque for the purchase price will be paid into your solicitor's bank account on the date of entry. Then your solicitor cannot pay out the net sale proceeds to you immediately. It will take a few days for the purchaser's solicitors cheque to be "cleared" through the banking system.
Your solicitor will also guide you on all the responsibilities you have as a seller from start to finish of the transaction.
Paris Steele W.S. have many years experience in selling residential property in Scotland and would be glad to advise and assist you in that connection.
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