How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16361
Experience:  30 years as a practising solicitor.
Type Your Scots Law Question Here...
JGM is online now

In Scotland if you buy a house is it possible for you to

This answer was rated:

In Scotland if you buy a house is it possible for you to become liable for any debts secured on it by previous owners? Will standard solicitors searches check to make sure there are not any?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: just awaiting missives completion - it is a repossessed property
JA: Have you talked to a lawyer about this?
Customer: not yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: nope

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.

The solicitors acting for you will examine searches provided by the selling solicitor and will ensure, by getting the selling solicitor’s’ undertaking that all debts secured over the property are discharged and the title cleared of all securities or inhibitions. Under the law common charges (in flats for example) transfer over to the new owner so again your solicitor will have to make sure that all common charges up to the date of entry remain the responsibility of the sellers and that a reservation is made to meet that liability. So the answer to your question is yes, your solicitor will deal with all of this for you.

I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.

JGM and other Scots Law Specialists are ready to help you
Customer: replied 15 days ago.
That is great and puts my mind at ease- thank you!