CLIENTS' BUSINESS GUIDE - PURCHASING PROPERTY IN SCOTLAND - ESTATE AGENCY

CLIENTS' BUSINESS GUIDE

• Quality Service: As an established country legal firm we strive to attain a high quality of legal general practice, while maintaining a freindly 'personal family solicitor' approach. In order to provide a legal service, a whole network of people and facilities are required to support the individual solicitor. There is the office itself, typing, cashroom, and clerical staff, there requires to be maintained an up-to-date library with books and periodicals, professional indemnity insurances and other overheads. A legal service requires to be paid for and we hope that you find our service good value for money.

• Free Initial Meeting: We will be happy to have an initial telephone discussion or meeting with you to decide whether we can be of help to you. There will be NO CHARGE for this. If you think you may be eligible for financial assistance under the Legal Advice and Assistance Scheme, please ask.

• Instructions: Instructions may be given to us verbally or in writing. We may ask you to confirm verbal instructions in writing. Any changes in your instructions should be notified to us immediately they arise. We can only act on the information and instruction that you provide. Please do not assume that we know all about your personal circumstances - we would always rather have too much information than too little.

• Charges: Except where otherwise agreed for specific transactions - eg. estate agency work - fees are rendered on the basis of the chargeable time spent in carrying out the work plus other factors specified by the Law Society such as value, urgency and resonsibility. If the work involves the court, then fees may be determined by certain court rules. We may issue interim accounts as your case proceeds. If you are to be granted a Legal Aid certificate then you should familiarise yourself with the conditions of that cetificate when issued. We will assist you with any queries you have, but you should be aware that the Legal Aid Board can recover fees and outlays from money or property you recover as a result of the action in which you are involved.

• Estimate: Any estimate that will be given will be a probable fee based on our experience of the work involved in the typical transaction of the kind you envisage. If the work turns out to be more complicated or takes longer than we anticipated then we may require to increase our estimate in line with this. We will inform you as soon as possible. Sometimes we need confirmation of your ability to fund a transaction, and a deposit will be required.

• Accounts: We will issue either at the end of the matter or at regular intervals. Payment is due on presentation of the account. We reserve the right to charge interest on the whole sum overdue, at 4% (four percent) over the Royal Bank of Scotland base rate.

• Outlays: Where are paid by us on your behalf we may require to be reimbursed by you within seven days of you receiving a request for payment of the appropriate sum

• Independant Fee Assessment: The Auditor of Court is always available to provide a completely independant assessment of a fair fee for a peice of legal work carried out. On occasions in order to ensure that a fair fee has been correctly charged, we may voluntarily send the file to the Auditor of Court. Unless agreed with you beforehand, we pay the auditor's fee. Should you at anytime be dissatisfied with the amount of a fee charged by us, then you are entitled to ask us to have the Auditor charge the fee independantly. In that case both sides are bound by the fee fixed by the Auditor. If the Auditor reduces the amount of our original fee we will only charge that reduced amount and we will pay the Auditor's fee. If he confirms that our fee is correct or undercharged, then you will be responsible for his fee.

• Confidentiality: Information passed to us is kept confidential and will not be disclosed to third parties save as authorised by you or as required by law. Like all Scottish solicitors, we are members of the Law Society of Scotland and subject to its professional rules.

• Client Relations: Your comments on our services to you are always welcomed. If you are unhappy about the quality of service provided, or the amount of our fee, then you should, in the first instance, take the matter up with Mr mcAndrew, who will ensure that your complaint is fully investigated. If you are still dissatisfied you are always entitled to take the matter up with the Law Society of Scotland whose address is: 26, Drumsheugh Gardens, Edinburgh, EH3 7YR.

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PURCHASING PROPERTY IN SCOTLAND

If you have not purchased property in Scotland before, you should be aware of two fundamental requirements which should properly be met before a formal offer is submitted. The first is that you should be satisfied as to the condition of the property you are buying and to do that you would generally instruct a surveyor. The surveyor will be asked to carry out an inspection of the property. He will either do a basic valuation of the subjects which you would use for the purposes of a loan or you may instruct him to carry out a more detailed survey (a homebuyer's report). You should note that a homebuyer's report affords you much greater protection. The second fundamental requirement is that you have funds available for the entry date, i.e.the date of settlement. It is important that you are guaranteed those funds at the time the formal offer is submitted.

Once a formal offer is submitted by your Solictor and accepted unconditionally, a binding missive or contract is in force which will oblige you to complete the purchase on the due date even if you subsequently find out there are defects in the property or you have difficulties with your funding. It is therefore very important that these two matters are attended to prior to the submission of a formal offer.

The contract in Scotland consists of an exchange of formal letters, which ultimately leads to an agreement on all terms. Once missives (the contract) are conncluded, the conveyancing process begins whereby the titles are investigated and enquiries made of the local authority. Your solicitor will report to you on that process, all leading to settlement. If we can assist you in you Legal requirements please contact us.

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ESTATE AGENCY

As Estate Agents we have a prominent ground floor window display. We are happy to act as Estate Agents in the marketing of your property and can provide a comprehensive marketing service. We are also members of the Dumfries & Galloway Solicitors Property Centre and that affords you very cost effective advertising throughout the region and beyond. If you would like to use our services please contact us.

DISCLAIMER

Although prepared with care and believed to be correct these particulars are not guaranteed and will not form part of any contract. Purchasers should satisfy themselves as to all points.
Where dimensions are quoted they are approximate only. Heritable systems and appliances are untested and sold as seen and no waranty is given.
Prospective purchasers should make their own investigations and enquiries. The photographs used are for the purpose of illustration and may demonstrate only the surroundings.
They are not, therefore, to be taken as an accurate indication of the extent of the property. Also it should not be assumed that the photographs are taken from within the boundaries of the property or show what is included in the sale.

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