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Our free and impartial information service aims to provide you with the answers that are important to you when selling or buying property in Scotland.

How to choose your Solicitor when buying or selling property in Scotland

It's your God given right to haggle - Your in Scotland

Choosing the right solicitor /selling agent for your property can make a huge difference to the exposure your property receives.  The agent you choose should have the maximum exposure to THE MARKET THAT IS LOOKING FOR YOUR PROPERTY.

e.g.   If you are selling a property in Edinburgh, over 90% of Edinburgh's properties are sold, marketed through the ESPC.

This means that over 90% of buyers in the market are familiar with this source of properties for sale.  However, solicitors are not the only option.  There are many estate agents, especially in more rural regions where solicitors property centres don't have such a strong hold on the marketplace.

Whether you are buying or selling you WILL NEED a solicitor to handle the transfer of title of ownership (conveyancing) process.

Typically you will be able to negotiate a fixed fee for your conveyancing costs at the outset.  This is whether you are buying or selling a property.  On average you will find the conveyancing fee to be between £300 - £750 + vat + outlays depending on the value of the property.

By using an online conveyancing specialist you should find thier fees begin from approximately £280 + vat + outlays and the more traditional solicitors firm will be in the region of £400 - £550 for a property selling at upto £500,000.

Always ask your solicitor to provide you with a written estimate of the full cost of the transaction in advance of employing their services.

Why?    Well you will find that "Outlays" can vary substantially from property to property and it's always best to have a clear guide as to the sort of costs your solicitor expects to be the case in respect of your transaction.

Often, if you choose to buy and sell through the same solicitor they will offer a more attractive deal (this applies to remortgages as well).  If you also employ them to sell your property as the selling agent then further discounts may be available to you - always ask, they can only say no.

Detailed below is some further information about the sort of selling costs you can expect from your solicitor as a selling agent.

A typical selling commission will vary between 0.75% and 2% depending on the property being sold.  However, this fee is always negotiable given the competitive nature of the marketplace. What you must ensure though is that whilst you want to get the lowest commission possible, you also want your agent to take an active interest in selling your property.  After all, if you are only paying them £500 to sell your property - how many man hours will that buy before your property is left to the ever growing number of properties relying on a For Sale board and an internet listing to get them sold.

Think about offering an incentive to the selling agent for a quick sale - normally estate agents will say they'd expect to achieve a given price and a timescale of expectation.  Whilst, none of these statistics are truly going to be the case only time will tell.  However, if they mention them to you ask them to reduce their fee if the price/ time scale is not reached or think about increasing their commission if a price greater than your expectations in a shorter time period is achieved.

Always get at least 3 agents to value a property.  Why?  Because, this will probably be one of the only times you see and talk with your estate agent unless your estate agent conducts the viewings for you. When you meet with your estate agent ask these questions:

• How many properties of this style have sold in this area over the past year and what is the average price achieved?
• How many properties of this style have YOU as an individual sold over the past 2 years?
• How many properties does your office have listed in this area at the moment?
• If I find a buyer for the property myself I don't want to pay your commission (Sole agency agreement) how do you want to set this up?
• How should I conduct the viewings on my property and which rooms should I present first/last to my client?
• Could you provide me with discounted legal fees?
• Where will you advertise my property free of charge?
• You said you are pro-active in selling my property - what does this mean, shouldn't you be proactive anyway?
• Would you recommend newspaper advertising, how much will this cost - do you get a discount?

What these questions are designed to do is to provide the estate agent with an opportunity to explain the benefits in your choosing them as an agent.  If they cannot answer these questions confidently then perhaps you should ask your neighbours or friends to recommend a selling agent.

I realise that in some small towns and villages there may only be one or two estate agents. However, given that you are reading this website - you are on the world wide web and it is reckoned that upto 70% of property buyers use the internet to find their next home so, spend a few hours searching the web until you are satisfied your selection of selling agent is appropriate to your region, budget and personality.

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