The selling process

Once you have made the decision to sell your home you will need to find an estate agent to market your property, and a solicitor to carry out the legal work. As a law firm and estate agency we we can take care of the whole process for you.

Step 1: Appointing your selling agent

Arrange to meet your potential selling agent at the property to discuss the  process with you. They should be able to provide you with an estimated sale price based on comparable evidence. Ensure that they have experience of selling that type of property and of operating in your geographical location. You should also receive advice on preparing the property for sale. At Lindsays we will attend each property and provide you with a written marketing recommendation as well as a full breakdown of fees and associated outlays. 

Step 2: The Home Report

Your selling agent will instruct a qualified firm of Chartered Surveyors to produce the Home Report on your behalf. All houses for sale in Scotland must have a Home Report, which consists of three documents:

  • The Single Survey contains an assessment by a surveyor of the condition of the home, a valuation and an accessibility audit.
  • The Energy Report contains information on energy efficiency, possible improvements and environmental impact.
  • The Property Questionnaire is completed by the seller with additional information such as Council Tax banding and factoring costs.

For more information on Home Reports visit the Scottish Government website

Step 3: Setting the asking price

Your estate agent will work with you to agree a price based on a number of factors, including the size and condition of your property, the area you live in, the current market conditions, recently sold properties in the area and your own personal goals and circumstances. There are a number of options such as "Offers over", "Offers in the region of" or "Fixed price". Each has their own merits, which should be discussed and understood.

Step 4: Preparing and marketing your property

Your selling agent will take care of marketing your property for you, including preparing property schedules and advertising your property online. There are a number of things that you can do yourself to ensure that the property appears as attractive as possible to potential buyers. These include decluttering rooms and removing excess furniture or belongings, making any minor repairs and ensuring everything is as clean and tidy as possible.

Step 5: Viewings

Viewings can be handled by your selling agent or you can conduct them yourself, depending on your preference. It is common to set fixed viewing times, such as Thursday evening and Sunday afternoon, or to conduct viewings by appointment.  Viewings are a vital part of the process and each one should be followed up for feedback and to ascertain interest.

Step 6: Notes of interest, Receiving offers and closing dates

In Scotland it is common for the purchasing solicitor to "Note interest" on behalf of a potential buyer. If several notes of interest are received a "Closing date" would be set. A time would be set for written offers to be submitted and your agent would advise on the respective merits of each offer. A written offer will cover the price that the potential buyer is willing to pay, the date of entry that they propose and any conditions of entry.

Step 7: Accepting an offer

Once you have chosen to accept an offer, your agent will respond to the purchasing solicitor to indicate acceptance (in principle) of the amount and to agree the date of settlement. The agent will also ensure that any conditions in the offer (for example "subject to survey") are addressed before passing the offer to the solicitor to commence with the conveyancing process.

Step 8: Conveyancing

Once you have accepted in principle your solicitor will adjust the terms of the missives on your behalf with the purchasers’ solicitor.  The missives are the contract in terms of which you will sell the property and the purchaser will buy the property.  Once the missives have been fully adjusted and concluded the contract is legally binding on both the purchaser and the seller. During this process the purchasing solicitor will examine the Title Deeds to ensure that there is a good title to the property and that all other necessary documentation is in place.

Step 9: Completion and the date of entry

Settlement of your sale will take place on the date of entry.  This will involve your solicitor receiving the funds from the purchasers’ solicitor, discharging the mortgage if applicable and transferring the remaining balance to you (less any agreed fees or outlays). This is the date that you must leave the property by, and the keys are handed over to the new owners, through the solicitors.