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Advice on Scottish Property Law

  • ThisCharmingMan
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22 Apr 11 #264461 by ThisCharmingMan
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Hi all,

I'm hoping someone can help me out with a property purchase (Scotland) question.

Background is this. Me and stbx have agreed to sell MH. Only a verbal agreement at the moment - Solicitors drawing up the full Separation Agreement as we speak.

Advice to me is NOT to offer on a new property for myself, until Agreement is signed. Reaon being she could refuse to sign, stays in MH with kids, I don't get my half of equity, and need court orders etc to carry on. Fair enough. Makes sense.

However, I have seen a property that is absolutely everything I want / need. But it moved to a low "Fixed Price" on Wednesday, and I know it won't hang around for long - will probably go on Tuesday.

My parents have offered to help. My question is, is there a way for them to offer on the property, and if offer is accepted (it will be), what is the legal situation if we turn round in a week - once our Agreement is signed - and say "well actually, it's not us that are purchasing, it's our Son"?

Hope I've made this clear. Note that there is no issue with funding the purchase - all in place.

Or if anyone has any other suggestions how I can do this, happy to consider.

Thanks

TCM

  • Plane_Zach
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19 May 11 #268814 by Plane_Zach
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Hey, very loudly not a solicitor but have suffered from people pulling out of house purchases in the past.

Make an offer on the house, you will then go through a series of legal stuff on searches and other things I'll never understand.

About three weeks later when the solicitor has exhausted the process you will sign a formal missive - until that point you can walk away (may need a weasel excuse- but you can walk away).

So no need for hidden transactions etc - just be open, honest and transparent - and make sure STBX signs before you have to sign the missive.

  • ThisCharmingMan
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19 May 11 #268909 by ThisCharmingMan
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Sorted.

Offered, accepted, mine.

Agreement signed - good deal for the kids - they get to see more of me than the default setting!

All good.

  • DancingButterfly
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19 May 11 #268913 by DancingButterfly
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Well done Charmer, congratulations on your new home! I hope you will be very happy there.

Best of luck for the future.

Chrys xx

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19 May 11 #268921 by ThisCharmingMan
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Cheers! I'll invite you to the virtual housewarming!

It's small, but big enough for the kids to come and stay. Better than that, it has an *incredible* view - and I mean just jaw-dropping. And it's all mine! I can do what I want with it!

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19 May 11 #268925 by DancingButterfly
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Wow! Sounds wonderful, Charmer.

Virtual house-warming sounds great, but even better, come to the Manchester Wikimeet and celebrate with your Wiki friends.

Chrys xx

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