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These are testing times for us all, especially for those who are in the process of buying or selling a property. Moving home is stressful at the best of times – and even more so now in the midst of the coronavirus pandemic. 

The Government has advised people to put off house sales and purchases until it is safe for the public to move freely. But what if you have your mortgage in place, have concluded your missives and are ready to move but cannot secure a removal company? Or perhaps you can move, but the seller is now not able to move into their new property – whether this is for health reasons, logistics or financial reasons? The chain reaction takes effect.

If the missives have been concluded, then neither the buyer nor seller can withdraw without penalty. Normally you would be in breach of contract if you did not carry on with the transaction and move on the required date. However these are extraordinary circumstances so please get in touch so we can keep you updated and advise you on the best course of action.

A key problem for those moving house has been registering the title deeds as Registers of Scotland halted the processing of documents because of the coronavirus. When a house changes ownership, the title deed is sent by post to Registers of Scotland. Normally, this government agency scans the document, and returns it, while entering the transaction on the official register. Only once it is on the register (usually the day after one homeowner moves out and the new one moves in) has the transaction legally taken place. This is important to new owners and mortgage lenders, because it establishes a claim on that property and banks normally demand to see registrations are in place before releasing funds. The Registers are launching a new digital registration process for deeds as from Monday therefore it is now possible for lawyers to register title deeds on behalf of a client.

Most property transactions have not been suspended. People still need places to live, and do not want to abandon their purchases if they can find a way to come to a fair and reasonable solution with their buyer / seller on the way forward.