[Lesley Silvester]

Not so good when you're moving from England to Scotland. We had to wait until we had exchanged contracts on house in England before we could put ann offer in on the one is Scotland. That gave us just two weeks to do all the legals before we moved. Fortunately our seller was prepared to let us move in before the papers were signed.

[Small Farmer]

The big driver for the housing market is confidence, and that isn't there: and it won't be there for some years[size=78%]. [/size] So volumes are low, and the number of would-be sellers is high.

Affordability remains a big issue.  Interest rates have never before been this low, yet a lot of people are struggling to survive.  At some point there'll be pressure to raise rates and that will be ugly

[happygolucky]

There is a lot of choice out there for buyers, a great time to buy as you can command a good price for a quick move, people are far more choosy now, my cousin is trying to sell his mother in laws sea front house but no luck as yet!!!  IF I had a bit of spare money I certainly would be buying a few  houses right now!!

[doganjo]

maybe you are thinking after the contracts are signed Anne.....

No, I learnt about Scottish Contracts when studying Scots Law at Aberdeen University.  In Scotland the contract takes the form of a series of letters known as "missives". There is nothing for the purchaser to sign to commit to the contract as the "missives" are generally signed by the parties' solicitors. The missives state principally the price, the date of entry and what is being included within the purchase price. So you are very much in the hands of your legal representative. Once the offer has been accepted on all points, you have entered into a legally binding arrangement and neither party can withdraw without potentially being held liable for the consequent losses of the other party. The solicitors deal with it all - nothing is signed until near the entry date. That is where the term 'papers' is used.

Offers 'subject to survey/selling my own house' are frowned on by lawyers.

People do 'try it on' these days as far as making low offers, but I do think the  market is beginning to move.  It is quite nervewracking!  Don't think I'll try it again in a hurry.

I sometimes wish I had continued with my legal degree instead of completing an accountancy one, I do enjoy contracts.

[Small Farmer]

Despite the differences between Scots and English law and the perceived advantages of one over the other people manage somehow to buy property in both countries.


Under English law all contracts for disposition of property have to be in writing but it is perfectly feasible to make an unconditional offer in one letter - usually by accident - which if accepted by the other party becomes a valid contract.  The exchange of contracts palaver is custom more than law.


If one side fails to perform on a normal sale & purchase contract there's a provision for the deposit - often 10% - paid at exchange to be forfeited and the contract is then cancelled.  But it's not widely known that as an alternative specific performance can be sought whereby the court is asked to require performance by the defaulter of the contract. 

[plumseverywhere]

Next door neighbour put her house on the market 2 weeks ago. Its sold! Now I'd like to think that the appeal of living next to my family and all the animals had a deciding factor in that  but...realistically, I feel people are feeling more confident that employment is safer and jobs more secure now.

|Another neighbour has put a manor house up for sale...just under a million...already had an offer. Been on for a week.  All good 

[happygolucky]

Phew wow plumbs, that's quick!!!!!!!!   Very quick, my mother in law sold in a week as well, they had a big house in a student area so ideal for let's....
Anne, it appears you know it all!

[doganjo]

Anne, it appears you know it all!

I don't aspire to that, but I did complete a degree which included Scots Law.