As consistently one of the largest conveyancing practices in Scotland, McVey and Murricane have been able to develop our conveyancing practice to shape our services so that they are relevant and effective for the times in which we live. The Financial Crash of 2008 destroyed the old ways of conveyancing partly because of a raft of new measures, both on the part of regulators and lenders, to place greater safeguards on property transactions.
Those safeguards were not to improve the experience of the consumer but arguably to lock a stable door long after the horse had bolted. Indeed, modern conveyancing has little similarity with the more gentle experiences of times gone past being much more pressurised, polarised and difficult. Much could be done to improve the conveyancing system but we are stuck with a process that in many ways can no longer boast its superiority to the system down South and arguably has created a hybrid which demonstrates the worst aspects of the English system and the Scottish system.
However, as the saying goes, we are where we are and McVey and Murricane have developed numerous innovations to enable conveyancing services to be delivered empathetically and effectively despite all of the problems with the conveyancing process. In particular it is appreciated that people wish to conduct much of their transactions online in their own time on their tablet or mobile phone.
If you wish to find out more about our unique conveyancing services and are an end user or client then please contact our New Business team
firstname.lastname@example.org or telephone (0141) 333 9688 selecting Option 3
If you are an intermediary or other provider of services where conveyancing is required then please contact either
0780 9506 426
Additional Conveyancing Fees
As will be clear from the various articles on this website, conveyancing in Scotland has become a difficult and complex process. There are many factors which can impact upon the difficulties and additional time that might be involved in any particular transaction. The aim of McVey and Murricane is to keep fees as competitive as possible but that means that where some particular aspect of a transaction involves greater work than might initially have been anticipated, we do need to levy an additional charge.
Clients naturally want to avoid shocks and accordingly we have published a menu of additional charges covering different circumstances. That means, before the transaction starts, clients can be aware of their own circumstances and where this might create additional charges. Of course there can also be circumstances which are entirely unanticipated but our philosophy is to ensure that we advise clients of any problems as they arise and these can be cross referred to the menu of additional charges.
Broadly speaking additional charges can arise from a number of categories. The source of the charge will often impact upon whether there is any alternative resolution to carry out the additional work.
These are the factors that create additional charges:
- issues that relate to the client (an example of these would be where there were ID or issues relating to source of funds which is a requirement imposed upon solicitors by various regulators and governments)
- issues that arise because of requirements of a lender on a purchase. When purchasing property, most people rely upon obtaining finance from a mortgage provider or lender. Those mortgage providers or lenders will only provide funds on the basis of various conditions being met. Accordingly, there could be an issue with an alteration to a property where the client was completely unconcerned and did not wish any additional work to be carried out to remedy any lack of consents. However, if the lender required the relevant consents to be in place, which is normally the position, the work would require to be carried out.
- Issues that arise because of the nature of the property which is at the core of the transaction. Generally speaking the more rural the setting of a property the more likelihood that there will be conveyancing problems. Additionally when it comes to flats, the older the property and the poorer its condition again the more likelihood that complexities will arise. At the other end of the scale because of various regulations new properties often involve additional work.
- Issues that arise because of other parties to a transaction. An example of this is where the client is purchasing from a lender who has repossessed the property. In these circumstances the seller, the lender who has repossessed, has no close connection to the property and will not be prepared to warrant any issues or provide anything other than the basic information. However the lender who is providing the client with the new mortgage does require information about aspects of the property and inevitably in the circumstances extra work is involved. Other circumstances which create problems are where properties are being bought from a seller who is in financial difficulties, a seller who is a trust, a seller who is splitting a piece of ground or a seller who is no great interest whether or not the transaction is proceeding (an example is where a property is being purchased from a council)