Looking after your property

Conveyancing on sale

Solicitors are involved on two levels in the selling of a house. Firstly they can market the property and then they can carry out conveyancing.

What is conveyancing?
This is the legal term used to describe the work carried out by the seller’s and buyer’s solicitor to transfer ownership of the property. Numerous checks are needed including dealing with Home Reports, titles and mortgage documents.

Good preparation goes a long way to ensuring a smooth property transaction, and that’s where Miller Hendry comes in. We’re expert at chasing and checking the paperwork that’s needed including proof of previous work done to the property – such as double glazing, extensions or conversions.

We’ll also take care of the back and forth between the seller’s and buyer’s solicitors over price, date of entry, and what, if any, items are included in the price. The contractual letters or ‘missives’ stage can take several weeks until the deal is fully wrapped up.

Be assured you’ll be in safe and capable hands throughout.

Security Work

During the financing of a property, including remortgaging, a solicitor is needed to legally discharge the old security and put in place the new one. We can also refer you to an independent mortgage adviser to ensure you have the best deal available.

We’ll arrange repayment of a mortgage and legal discharge of the security. We can store your title deeds for you too keeping everything in a safe place.

Title Disputes

With the very best of intentions to get on with your neighbours, fall outs do occur. Disputes can happen over who owns what piece of land, where a boundary lies, and who is responsible for maintenance of common property. These sorts of disputes can quickly escalate, and parties can become ever more entrenched in their position. That’s why it’s important to have a solicitor like Miller Hendry with experience in dealing with title or neighbour issues and in negotiation.

Often an easy answer to these disputes can be found with a check of your title deeds or by having legal research carried out. It’s easier said than done; the answers are often buried in deeds, especially the older ones, and you need a solicitor who knows what they’re doing.

We’ll also provide straightforward advice on your legal rights, as well as practical advice on how to resolve the issues.

Mortgage Services

Although Miller Hendry is not authorised to give mortgage advice we are able to offer clients the services of Steve Gold, an Independent Mortgage Advisor. Steve is based in Dundee but can meet clients in Perth, Dundee or Crieff. What does this mean for our clients? Simple: they benefit from unrivalled continuity of service under one roof.

You can contact Steve on:
Mobile: 07944 863 873
Email: steveg@imsdundee.co.uk

Home Reports

A Home Report is required for all property sales with only a few limited exceptions. A Home Report consists of three parts:

Property Questionnaire
The questionnaire must be completed by the seller and we can help you with this. It contains detailed information such as the Council Tax band, what alterations have been made to the property, Local Authority Notices and factoring arrangements. It’s important to fill it in accurately, not just for the buyer’s sake but the seller’s too; providing the right information reduces the risk of delay and difficulties once an offer is made for your property. We are expert at helping purchasers understand these.

Single Survey
This is provided by a Chartered Surveyor and contains a detailed report on the construction of the property, its condition and its value. This report will confirm if there are any urgent repairs or replacements required or anything likely to require attention in the future.

Energy Performance Certificate
This gives the energy efficiency rating of the property and recommends ways to improve efficiency.

Help with the Home Report comes as part of the service from Miller Hendry. One of our highly experienced team members will be happy to give you more information.

House Purchases

Looking for a new home is exciting. But it can also be a time of anxiety. There are many different people to deal with and the procedures and negotiations are unfamiliar to most.That’s why it’s important to get it right and to work with an agent that ensures a smooth journey. For most people buying a home is their largest single investment, and one which, unlike most other purchases, is hoped to appreciate in value. Your property plays a significant part in providing for the future security of you and your family. So it’s important you work with the most experienced team out there.Our exceptional property team at Miller Hendry can coordinate your whole move from start to finish. Contact us early and we’ll get the ball rolling for you.

THE STAGES OF A HOUSE PURCHASE

Your Finances
Even before you start house hunting you must ensure you have the funds available to buy it. That means cash or the assurance of a mortgage.If any part of the purchase price is to be realised from the sale of your existing home it’s important to seek professional advice on your current property’s value and saleability – unless of course it is already sold. We can help by offering a free valuation and market appraisal of your present property, without obligation, by one of our very experienced Valuation Managers.If you need a mortgage, we can offer the services of an independent Mortgage Adviser, again without obligation. The Mortgage Adviser will research what’s available for you, matching your individual needs with the best product and terms. By contrast, if you go directly to a bank or building society, they will only offer you their own financial products.

Finding a Home
One of the best sources of properties for sale is the local Solicitors Property Centre (in our area that’s Perthshire Solicitors Property Centre and Tayside Solicitors Property Centre). These list properties for sale from most of the solicitors in your area, all in the one place and on their websites. Visit the centre, look at their website and look at their Property Guide. Study what’s available, look at the Home Reports (a factual record of a property and its condition) and view as many properties as possible. Take your time! Finding the right property is not something that should be rushed.Once you’ve seen a property you like it’s important to contact us immediately. Properties can go quickly and speed can now be of the essence! We can register interest on your behalf and you’ll be under no legal obligation. We can ask the Selling Agent all the right questions to see how to secure the property for you at the best price.Most properties have a Home Report which gives you the Valuation, energy information, Council Tax costs, and survey findings. (Scroll down for more information on Home Reports.)

Making an Offer
If there is no other interest in the property we will try to get things moving quickly for you. If there is other interest the selling agent may set a closing date so that each party has an equal opportunity to make an offer at the same time.We will agree a suitable date of entry and any extras that may be included in the price.

Conveyancing
After your offer is accepted it’s time for conveyancing – the process by which the title of the property is transferred to you.We’ll examine the Title Deeds, check there are no outstanding loans secured on the property or unusual restrictions in the Title, and check that there are no planning or road proposals related to the property. We’ll also liaise with your lender to obtain your loan funds.

Settlement of the Purchase
On the agreed date of entry, in exchange for payment of the purchase price, we will receive the Title Deeds and keys for the property and then register the deeds. Once you get the keys, it’s important to make sure the place has been left in good order and that there are no defects. Make sure you have buildings and contents insurance organised, but most of all, enjoy your new home!

And Finally…
Remember that no two transactions are the same. But if unforeseen problems arise, be assured that Miller Hendry will try to resolve these as quickly as possible whilst keeping you fully informed.

Choosing Miller Hendry as your solicitors will ensure that your property purchase goes as smoothly as possible with the minimum inconvenience to you.

Contact us for more information and to discuss your needs.

House Sales

As well as being experts in property purchases, we at Miller Hendry have an excellent heritage in property selling. We’re one of the longest established firms of solicitors and estate agents in Scotland, we have a team of highly experienced property experts, we operate in three offices across Perthshire and Tayside, and our property sales number hundreds every year.

Our focus is on you and your needs – and as such we offer an organised, comprehensive and friendly service which promises a speedy, successful house sale for you.

How will we market your property?
It will be featured on our website which is visited by thousands of people each month. It will also be advertised through the three Solicitors’ Property Centre websites and the two Centres: the Scottish Solicitors Property Centre (website only), the Tayside Solicitors Property Centre, and the Perthshire Solicitors Property Centre. We’ll also advise you on effective local and national press advertising if needed.
At Miller Hendry you get all your property selling needs under one roof; our Estate Agency department will deal with the marketing of your property while our experienced solicitors will handle the Conveyancing aspects of your sale. This combined approach means we can address your needs and any potential difficulties at an early stage and help you resolve them quickly.

STAGES OF A HOUSE SALE

Conveyancing
This is the legal term used to describe the work carried out by the solicitors acting for the seller and purchaser in the transfer of ownership of the property. This includes checks, inspections and registration of all relevant documentation, including titles and mortgage papers.

Preparation
Although the main part of the conveyancing does not commence until an acceptable offer is received good preparation can go a long way to ensuring a smooth transaction. We’ll send you a detailed questionnaire as part of the marketing process and in order to help create your Home Report.

Missives
Any offer will usually contain a number of conditions. Be assured we’ll explain all of these to you. Price, date of entry and what items are included will all be contained in the offer. It can take several letters between the buyer’s and seller’s solicitor, and a few weeks, before conclusion of the contract- referred to as completed Missives.

After conclusion of missives
During the time between the conclusion of missives and the settlement date a purchaser may want access to the property for measuring or for obtaining estimates for any works they plan to have done.
Meanwhile, we’ll be ensuring that all the appropriate documentation is ready for the settlement date. This includes handling the deed transferring ownership and organising your mortgage settlement.
As a seller you should be arranging for final meter readings for gas, electricity and telephone, arranging mail re-direction and cancelling your Insurance after settlement.

Settlement of the Sale
On the settlement date we receive payment of the price and in return we exchange Title Deeds and keys. From the price we repay any outstanding mortgage and settle any fees and outlays.

And finally…
Remember that no two house sale transactions are the same. Unforeseen problems can arise which is why it’s important to use a solicitor like Miller Hendry. We have the experience and know-how to make your transaction run as smoothly as possible.

Contact your nearest office if you want to talk more.

Our Legal Property Team

Ernest Boath

Head of Department

Amanda Frenz

Partner

Beverley McMahon

Senior Associate

Kim De Smid

Senior Solicitor

David Smart

Associate

Julie Darroch

Associate