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We have done a previous blog on writing your own Will but did you know it is possible to do your own conveyancing?
Like most things DIY, it comes with a very big warning! Owning a property is the largest investment most people make, so the thought of finding out you don’t actually own it would be a headache.
A basic overview of the purchase transaction will highlight the amount involved in a transaction:
1. A written legal offer is submitted and missives thereafter, concluding the contract
2. The title deeds need to be examined and searches reviewed, to ensure the seller actually owns the property
3. A deed (Disposition) is prepared, transferring the property - this can sometimes go to several pages in length
4. Any alterations done to the property need addressed with the surveyor, to ensure the relevant paperwork is there
5. The sellers sign the Disposition and the transaction is settled
6. Land and Buildings Transaction Return must be submitted to Revenue Scotland, and the tax paid
7. The title deeds sent for registration with the Registers of Scotland.
In Scotland, all properties now changing hands by gift, mortgage or sale must be registered in the Land Register of Scotland. This is a system based on the Ordnance Survey Map and it can be a complex process to complete the registration with the central database, The Registers of Scotland. A Plans Report is ordered over the property before registration to ensure that the plan contained within the title deeds is suitable for comparison with the OS Map. If the result comes back that it isn’t, suitable corrective conveyancing may be required. This can be a complex issue for a Solicitor, so to attempt it yourself would be optimistic.
Doing conveyancing yourself may be slightly cheaper, but the outlays remain the same. The Land and Buildings Transaction Tax is calculated based on the purchase price, as are the registration dues with the Registers of Scotland. If you require a mortgage, the mortgage lender will insist on instructing a solicitor to ensure they are protected.
In the event of a DIY Conveyance going wrong, the legal fees involved in undoing and correcting any issues would likely amount to more than the original fee for doing the whole transaction.
At Paris Steele we offer competitive, fixed conveyancing fees, so to save yourself the stress and worry instruct a Solicitor from the start of your purchase.
Contact our approachable, reliable and experienced lawyers.