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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11154
Experience:  30 years as a practising solicitor.
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WE have just sold our home to a Cash Buyer. The money is

Customer Question

WE have just sold our home to a Cash Buyer. The money is already in our bank account. They do not want a solicitor. We have the tittle  deeds to our home and all the inspections have been done. All we need is the conveyancing done. The transaction has completed other conveying the title deeds from ourselves and to them. They wanted a quick transaction, 3 weeks possession so they can get out of a travel lodge. The money is in our back account as of yesterday. My husband will go see our solicitor tomorrow to finalise the deal. What is the best way to handle this? I think it is a cultural thing. The Buyer is used to doing business this way.

Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
If all searches have been done, the important thing is to have the title in their favour registerd in the Land Register. They really need a solicitor to do that presentation for them and also pay any stamp duty and the registration dues.
On the very rare occasions that something like this comes up, the seller's solicitor could register the deeds provided that he had a written instruction from the purchaser to do so.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

quick response, thanks!

Expert:  JGM replied 2 years ago.
You're welcome.
Customer: replied 2 years ago.

You say they really need to have a solicitor, but I also read and so did they that this can be done without one. I know in England it is just a form a person fills out. Where do they go to do this?

Judith Lowe

Expert:  JGM replied 2 years ago.
There is no form that can transfer title to heritable property in Scotland. Unless the ARTL system is used a formal Disposition of the property is needed. The Scots system is entirely different to that in England and you can't compare the two. This link may help you: https://www.ros.gov.uk/services/registration/land-register/general-guidance/application-forms