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Covid-19 Update

The welfare of our clients and staff is always a key priority for Raeside Chisholm. In light of the current circumstances, we are continuing to offer a full range of services, but we are working remotely. You can contact us on 0141 248 3456 and one our solicitors will call you back if necessary, or you can contact us by email.”

Does your business need premises or do you need bigger, or smaller premises?

We have bought all types of commercial premises all over Scotland, for a wide variety of individuals and companies.

We know the best procedures to follow, and the pitfalls to avoid, and our commercial conveyancing lawyers will conclude the best deal for you, quickly and efficiently.

Timing is crucial, and we can help if you need things done quickly.

Of course, there will always be tax issues to be checked, and we will ensure that you are informed quickly and clearly of any tax liabilities that a purchase could involve.

We will make sure that you are aware of what needs to be done to keep your new premises in good legal and financal shape, and ensure that as a property owner, you know what your building requires from a legal and safety perspective.

Perhaps you have bought a commercial property at auction and needs lawyers? We will help, quickly and efficiently.

Perhaps you have bought a commercial property as an investment purchase, and there is a tenant in the property, paying rent? 

We act for many purchasers from all over the world, as well as many clients based in England who are new to buying commercial property in Scotland. We will keep things simple and clear. We will offer the same high levels of protection and security that you would have with a much larger law firm, but we will do so at sensible, down to earth fees- our prices will not restrict your business from growing.

If you need help with the requirements of your bank or funder, then we will easily attend to those needs, and make sure these are explained to you, simply, clearly and early.

Contact our Commercial Property Lawyer in Glasgow, Scotland

To find out how our commercial property lawyers can help you or to arrange an initial consultation with one of our solicitors, please complete our online enquiry form or contact us on 0141 248 3456.

Are you selling your commercial premises, and perhaps your business as well?

We can attend to every aspect of the sale of your property, whether it be a shop on the main road, industrial unit, local convenience store, offices, pub, hotel or garage, we will look after your every need and provide clear guidance on every aspect of the sale.

Selling a commercial property is a journey, and we will guide you through the issues and pitfalls along that journey, ensuring you have the best, cleanest and most efficient sale of your property.

We will ensure that your ongoing liabilities are as reduced as possible.

We will help with the negotiation of the sales contract, and ensure everything is done efficiently, clearly, quickly and as cost-effectively for you as possible.

We know you want to keep things simple and keep things clear, and we will make sure that every step of the sale is explained to you in full.

Contact our Commercial Property Lawyer in Glasgow, Scotland

To find out how our commercial property lawyers can help you or to arrange an initial consultation with one of our solicitors, please complete our online enquiry form or contact us on 0141 248 3456.

One factor which can add to the stress of the whole experience of moving house is if this will also involve relocating to a new city, or indeed a new country.  You will find our team particularly helpful if this is the case for you. 

We can provide you with a great deal of local knowledge gained through our years of acting in purchases and sales of properties, both in Glasgow and the surrounding areas, as to current market trends.

We can also guide you through some of the differences between the Scottish and English legal systems.

Is the system in Scotland different from England?

Yes, although the basic idea is, of course, the same. 

Perhaps the main difference in practice is that, in England, the system involves an “exchange of contracts” between Seller and Purchaser – signed by each personally – which often happens very shortly before the Seller moves out and the Purchaser moves in.  Up until that “exchange of contracts” there is no binding deal; either party may be able to walk away from the transaction.

In Scotland however “Missives” are usually concluded at a much earlier stage – at which point there is a binding contract so that either party can walk away from the deal.  And in Scotland, these “Missives” are not signed personally by the Seller and Purchaser but by their respective solicitors.

In Scotland almost all residential properties are required to have a Home Report before they can be marketed for sale. This is provided by the seller. The Home Report consists of a Single Survey, an Energy Performance Certificate and a Property Questionnaire. In England the only upfront information required to market a residential property is an Energy Performance Certificate, and any additional surveys are instructed by the prospective purchaser.

In Scotland properties are often advertised at ‘offers over’ a certain price. This price is only a guideline and the seller will be seeking a price which is higher than this value. Arguably, this price should be ignored as it is largely there to attract more interest in the property and is often considerably lower than what the property is actually worth. The Home Report contains a property valuation. This value should be used when considering how much to offer on a property. We often see properties being sold for 10% or above the Home Report valuation, and with our market knowledge we will be able to give you assistance on what an acceptable Offer might be.

Please note that if you are a purchaser and are applying for a mortgage the percentage of borrowing that you will receive from your Lender is based on the lower of the property valuation and the price you pay for the property. You will need to provide any excess funds for your purchase.

When you see a property that you are interested in the normal process would be for you to ask us to make a ‘note of interest’ on your behalf. Noting interest does not commit a prospective purchaser to putting in an offer, but it does mean that they should be notified if a closing date (discussed below) for Offers has been set by the seller. If there are no other notes of interest on a property then the seller may consider an Offer at that stage. If there are other notes of interest then it is likely that a closing date will be set, and prospective purchasers should have a chance on that date to submit an Offer. Under no circumstances would we submit an Offer in advance of a closing date if one has been set.

At a closing date prospective buyers will submit sealed Offers before a certain time on that date. Once the Offers are in the seller will choose the offer they want to accept (this is not always necessarily the highest). The closing date procedure is similar to the ‘best and final Offers’ or ‘sealed bid’ procedure in England. Once an Offer is accepted the seller and purchasers’ solicitors will correspond with each other to progress matters.

In Scotland once an Offer has been accepted the property is taken off the market until missives are concluded. The property remains on the market in England until the contract for the sale/purchase of the property is concluded.

In Scotland, there are what is known as ‘Scottish Standard Clauses.’ These Standard Clauses are incorporated into every Offer automatically. Normally a seller’s solicitor will try to modify or delete some of these Clauses – they may well have a firm policy whereby they delete/modify a particular clause in every Offer, or they may choose to do so dependent on the particular property they are selling. A purchaser’s solicitor will discuss the implications of such modifications/deletions with the purchaser.

Missives are concluded (i.e. a binding contract for a sale/purchase is set in place) without any documentation actually being signed by the seller or purchaser, but we would of course take your instructions throughout the process and would not tie you into a contract without your specific instructions to that extent. The missives comprise the Offer that was submitted on behalf of the purchaser, the written acceptance received from the seller’s solicitors and any further formal letters. These formal letters are all prepared and exchanged through parties’ solicitors. Until missives have been concluded there is no legally binding contract in place and either party can walk away from the sale/purchase. In England, a contract for the sale is negotiated and then signed and exchanged. Often the transaction becomes binding earlier in the process in Scotland than it does in England.

Once missives are concluded there is a binding contract in place for the sale/purchase of the property. There will however be a time lapse between conclusion of missives and the date of entry (the day on which the purchase price is paid in exchange for the keys – otherwise known as ‘settlement’). You will not actually move into the property, or have title to same, until the date of entry. No money will be exchanged until the date of entry (a Deposit may however be payable if the property is a new-build). In terms of the Scottish Standard Clauses, a purchaser is entitled to gain access to the property on no more than 2 occasions after the conclusion of missives.

Contact our Conveyancing Solicitor in Glasgow, Kay Barr

To find out how we can help you or to arrange an initial consultation with one of the best conveyancing lawyers in Glasgow, please complete our online enquiry form or contact us on 0141 248 3456.

Are you looking to buy or sell your existing lease or are you taking a new lease from a landlord?

Any business, large or small, will need premises. Taking a lease as a commercial tenant when expanding your business is an exciting but frightening time. Things can appear complicated and intimidating. We can help you with that, and take away all the fear and responsibility for getting things right.

We act for many types of tenant, over a wide range of business types. We also specialise in buying and selling leases (called an “assignation”).  We also specialise in sub-leasing of all types of commercial premises. If you want to extend or vary your lease, exercise a break-option, complete a rent review, or simply deal with a 3 yearly Land and Buildings Transaction Tax return, then we can help. We deal with these things every day. We can also help bring your lease to an end, and make sure your exit costs are as low as possible.

What will it cost to take a lease?

The factor determining the cost will be the time it takes to complete your lease to your requirements. As a tenant, you want a fair lease with clear exit options to allow you to sell your lease (or sub-lease to another tenant), should your business needs change. We still provide you with the same protection and security that you would have with a much larger law firm, but we will do so at sensible, down to earth fees- our prices will not restrict your business from growing.

What will it cost to buy or sell a lease?

If you’re buying an existing lease or selling your own lease, we can do this for you at the lowest commercial market rate available. Our extensive existing tenant clients are very happy with this, and continue to use us as their business demands change. We like to watch our clients grow. Wherever possible, we will agree a fixed fee for buying a lease or selling a lease, at the time you contact us.

Contact our Commercial Property Lawyer in Glasgow, Scotland

To find out how our commercial property lawyers can help you or to arrange an initial consultation with one of our solicitors, please complete our online enquiry form or contact us on 0141 248 3456.

Not many people can buy a property without getting a loan from a bank or building society. So the first thing is to get an agreement in principle from a lender as to how much you can borrow – so you know how much you can offer.

You will want to remember that there are various costs in the buying process including in particular, Land and Building Transaction Tax (LBTT),legal fees and the cost of registering the purchaser’s title to the property in the Land Register, as well as the removal costs. If you contact us at Raeside Chisholm, we can let you have details of the legal fees, LBTT and registration dues.

  1. Putting in a “note of interest” ie; formally telling the Seller’s Solicitors/ Estate Agents that you are interested in making an Offer;
  2. Making a formal Offer in writing to the Seller’s solicitors/ Estate Agents on your behalf;
  3. Sorting out any conditions of the sale contract (usually known as “the Missives”) with the Seller’s solicitors;
  4. Checking the Seller does indeed own what he or she is selling;
  5. Checking there are no potential problems such as Council repairs or alterations by the Seller which did not have Planning Permission;
  6. Drawing up the deed transferring ownership of the property to you;
  7. Preparing a Land and Building Transaction Tax Return;
  8. Drawing up the “Standard Security” to give your Mortgage Lender certain rights over the property and making sure any “Standard Security” granted over the property by the Seller is discharged; and
  9. Getting the money from your Lenders and paying it to the Seller’s solicitors in exchange for the deed transferring the property to you.

If you find a home you are interested in, ask the Seller or their solicitor or Estate Agent for a Home Report. If it’s public knowledge the house is for sale – it should have a Home Report.

This is a document that tells you everything you need to know about the house. It’s split into three parts – a Single Survey and Valuation, a Property Questionnaire and an Energy Report

Did you know: A Seller or selling agent must give you a Home Report within nine days of you asking for it. If they don’t give you the report within nine days, your local Council’s trading standards services can fine them £500.

This section, based on a visual inspection by a Chartered Surveyor, tells you about the home, its condition, its accessibility and any repairs you may need to carry out.

If any of the repairs are marked as urgent or needing future attention, you should consider whether you can cope with the cost or inconvenience of the repair works.

If you feel you can cope with the repairs, you should get estimates for how much they’ll cost before proceeding. If you don’t think that you can cope with the repairs and don’t want to buy the home any more ,you can walk away at this stage without penalty.

The second section of the Home Report is a questionnaire covering 16 different categories. This is designed to give you more information about the home.

These categories include:

  1. The home’s council tax band;
  2. Any issues that may have affected the home in the past, like firm or store damage or asbestos;
  3. Any alterations or extensions that have been made to the home;
  4. Details of any specialist works or guarantees;
  5. Details of any notices that might affect the home.

The final section of the Home Report gives information on the home’s energy efficiency in the form of an Energy Performance Certificate.

This tells you roughly how much it’ll cost you on average to run the home, taking heating and electricity into account.

It also rates the house’s environmental impact in terms of carbon dioxide emissions.

It also gives you contact details for advice on how to make your home more energy efficient and save fuel costs.

There are some exceptional situations when a seller can choose not to give you a Home Report.

They can only refuse to give you a Home Report if:

  1. They don’t believe you are seriously interested in buying their home;
  2. They don’t believe you have enough money;
  3. They would prefer not to tell their home to you (though they cannot discriminate against you for illegal reasons);
  4. Houses that have been on the market since before 1 December 2008;
  5. New houses that are being sold off-plan or to the first occupier;
  6. Newly converted homes that haven’t been used in their converted state yet;
  7. Right to buy homes;
  8. Dual use homes used for both residential and non residential purposes;
  9. Seasonal holiday homes that can only be used at certain times of the year (not second or holiday homes you could use all year if you wanted).

If a home doesn’t need a Home Report, the Seller must still give you an Energy Performance Certificate.

Properties are usually advertised as being either “offers over a certain sum” or for a “fixed price”.

Generally, with properties advertised for “offers over” a certain sum your solicitor will formally “note your interest” with the Seller’s solicitors/ Estate Agents so that you are told when the “closing date” for Offers will be. On that date, you will have to decide how much to offer – without knowing what anyone else may offer. The Seller’s solicitors/ Estate Agents will then normally open all the offers at the same time and usually the highest offer wins.

A property with a “fixed price” means that it will be sold to the first person who puts in an Offer which is accepted by the Seller. In such a case, it is “first come first served”.

Apart from the price, your Offer will in particular cover a “date of entry” ie; the day on which you will get the keys and any “moveable” items (such as curtains and white goods) which are to be included in the price.

The Offer will also usually include an extensive range of standard conditions as are required for the purchase of any property; and any particular conditions as may be appropriate in your particular case.

The Seller does not have to accept any offer – even if the sale has gone to a “closing date”. But it is unusual for that to happen if the sale has gone to a closing.

If your Offer is successful the acceptance will almost always be a “conditional acceptance”. For example, it may accept the price offered but seek to adjust the “date of entry” or exclude certain “moveable” items (eg. curtains or white goods) from the sale.

There will usually be a series of formal letters (known as “the Missives”) passing between the purchaser’s solicitor and the Seller’s solicitor until all contractual matters between the Seller and Purchaser are agreed. At that point, the “bargain is concluded”.

Once the bargain is concluded, each party is bound by the conditions in the Missives, even though they will not actually have signed any paperwork themselves (as the solicitors will have signed the formal letters which make up the Missives on their behalf). It is too late for either to have second thoughts. Until that stage is reached however, either party can still pull out.

Once “Missives are concluded” it is time for the stuff of “conveyancing”.

All the bits and pieces involved in conveying or transferring the property to the Purchaser is generally termed the “Conveyancing”. It includes, for example:-

  1. Checking the Seller actually owns what he is selling;
  2. Checking the plan of the property in the “Title” or “Land Certificate” matches what the Purchaser has offered for;
  3. Checking that the right paperwork is there for any alterations that may have been made to the property;
  4. Checking the “Title conditions” particularly as regards liabilities for repairs and maintenance of stairwells, roofs, boundary walls or fences etc;
  5. Checking access rights and any restrictions as to the use of the property (eg. in relation to using the property for business purposes, keeping pets or parking);
  6. Making sure that any existing Mortgage on the home is paid off when the home transfers to the purchaser.

If the home you want to buy is newly built or converted, the process of buying it is different.

Most newly built homes are offered by the builder at a fixed price, often before the house or conversion has even been built.

This means instead of you having to make an offer, the builder makes an offer to sell to you.

Most builders have a standard form of offer – they lay out a list of conditions that you will need to agree to if you want to buy the home.

You should arrange a loan and take legal advice before you accept the builder’s offer, because once you do it becomes a legally binding contract.

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