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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11125
Experience:  30 years as a practising solicitor.
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I am an EU resident and in the process of buying a house in

Resolved Question:

I am an EU resident and in the process of buying a house in Glasgow.I am at a stage where all money ( including legal fees, tax and other expenses) was transfered to a clients account at my lawyers bank and was expecting issuance of title deed within days. My laeyers contacted me advising that there is a delay because the sellers lawyers ( the sellers are a UK property company) are refusing to include certain clauses in the final contract which protect me, including one which protects me in the event that there is an existing debt on the property.
Meantime i had already hired a contractor to do some work on the house and gave him a downpayment.
Where do i stand on this? I am worried firstly because the sellers lawyers refuse to accept the clauses as above and secondly i gave money away without first securing a title deed
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

It is the duty of the seller to provide a clear, valid and marketable title and this must be put in the contract. Has a search been done against the seller and the property to see what notices or orders there might be? If the seller won't do searches then your own solicitor should. Your money is safe in that if the transaction doesn't go ahead your solicitor will refund the money. The contractor may already have incurred some expenses and you may lose some money that way. He isn't a lot you can do about that. If you can give me more detail on exactly what the problem is I will be able to assist you further, for example, your lawyer has written you an email that you can reproduce for me. In the meantime I hope that helps. Please leave a positive rating so that I am credited for my time.

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