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Selling a Property through J. & H. Mitchell W.S.

This is one of a series of Fact Sheets provided by J. & H. Mitchell, W.S.
  1. Once you have decided to sell your property, you should contact us. If acting also as your Estate Agent, we will come to visit you at your property in order to take Sales Particulars and photographs and to provide a suggested asking price. We will also advise on the best way to market your property through newspaper advertising, our website, the local Solicitors’ Property Centre etc.
  2. Once your property has been advertised, any interested parties will note their interest in the property. Some may instruct a survey to be carried out and there may also be specialist reports instructed to check on woodworm, damp, etc. They may also want an architect or contractor to have a look.
  3. You may negotiate with only one interested party but, if there are a sufficient number of interested parties, we will arrange with you to set a Closing Date, at which each interested party will submit their best offer to us at a specific date and time. We will review with you the offers received at the Closing Date and you must then decide which offer to accept. This will usually be the highest offer although there is no obligation upon you to accept the highest.
  4. The contract for a sale is made up of an exchange of letters between the parties’ solicitors, called “Missives”. When an acceptable offer has been received, we will issue a qualified acceptance. This is an opportunity to qualify and even delete some of the offer conditions on your behalf to reflect the position in relation to your property and to protect your interests. Once all matters are agreed in writing there will be a binding contract on both parties, the purchaser and you, from which neither may withdraw without the consent of the other.
  5. At or before the conclusion of the Missives, we will send your title deeds and any other relevant documentation about the property to the purchaser’s solicitor for examination. Any local authority consents (i.e. planning permission, building warrants, completion certificates etc.) for works carried out on the property will also need to be sent to the purchaser’s solicitor for examination. We will deal with any title enquiries or other observations which the purchaser’s solicitor may make and will check the terms of the new title deed in the purchaser’s name, which you will then sign.
  6. In anticipation of settlement of your sale at the Date of Entry, we will request a redemption figure from your lenders (if relevant) and prepare the formal discharge of any mortgage (“Standard Security”) over your property.
  7. On the Date of Entry, we will receive the purchase price from the purchaser’s solicitor and in exchange, will deliver the title deeds including the new title deed in the purchaser’s favour. You will hand over the keys to the purchaser.
  8. From the sale price, we will then arrange for any mortgage to be repaid and will deduct all the fees and outlays (the sums we pay on your behalf to others, e.g. advertising, Property Enquiry Certificate, Search costs, etc.) before accounting to you for the net balance.

Although carefully prepared, this Fact Sheet is a guide only and is not intended to be comprehensive. Specific advice should be requested on your own individual situation. issued 2005
 
J. & H. Mitchell, W.S.
51 Atholl Road Pitlochry PH16 5BU
 
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Copyright © 2005 J & H Mitchell