Moving house and making a will are two of the things people put off longest, usually because nobody has ever explained what actually happens. Thomas H. G. Stewart explain it. You, the client, are always our first priority.
Tom Stewart founded the firm in Bruntsfield in 1992 and has been looking after clients here ever since, across Edinburgh and the Lothians. Down to earth, no nonsense. Office hours 9.00 to 1.00 and 2.00 to 5.00.
§ What We Provide
We provide.
I
Friendly, confidential and professional help
Moving house or writing a will means telling somebody your business. We are easy to talk to, and everything you tell us stays in this office. No jargon unless you ask for it, and no question is too small to be worth asking.
II
Office hours
Call 0131 229 4939 during office hours, 9.00 to 1.00 and 2.00 to 5.00, and you will get a person rather than a menu. If we cannot answer your question there and then, we will tell you when we can, rather than leaving you to wonder about it over a weekend.
III
A high standard of client care
Tom is always happy to help and advise visitors to his shop, and his down to earth, no nonsense approach is one his customers appreciate in an increasingly complicated world.
§ What Happens
What actually happens.
Nobody explains the process until you are already in the middle of it. Here is what buying a house and selling a house actually look like in Scotland, in the order they happen, so you know what is coming and roughly when.
The binding moment in Scotland is the conclusion of missives, not the handshake and not the accepted offer. Missives are the letters that pass between your solicitor and the other side. Until they are concluded, either of you can walk away. After they are concluded, walking away is a breach of contract and it costs money.
Between conclusion and the date of entry there is a quiet stretch where the searches come back, the money is requested from your lender and the deeds are prepared. That quiet is normal and it does not mean nothing is happening. If it worries you, ring Thomas H. G. Stewart on 0131 229 4939 and we will tell you exactly where the file is.
Buying, in order
- Get a mortgage agreed in principle before you start looking
- We note your interest in the house on your behalf
- Read the Home Report, and ask us what the bits you do not like mean
- We put in your offer, with a price, a date of entry and conditions
- Missives are negotiated and then concluded, and you are committed
- We check the title and run the searches
- Your funds are drawn down from your lender
- Settlement on the date of entry, and the keys are yours
Selling, in order
- Get the Home Report done before the house goes on the market
- We agree an asking price and get the house listed
- Viewings run, and notes of interest come in
- A closing date is set once there is enough interest to justify one
- We go through the offers with you and accept one
- Missives are negotiated and then concluded
- Your existing mortgage is redeemed and the security discharged
- Settlement on the date of entry, and you hand over the keys
§ Fees and Funding
What it costs.
Ask us what a piece of work will cost before you instruct it. Call 0131 229 4939 or come into the office. Appointment not always necessary.
What the firm publishes
- A free valuation if you are thinking of selling
- A free initial appointment with the business adviser
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§ Common Questions
Questions answered.
How long does buying a house take?
It is set by the date of entry that the two sides agree, not by any fixed rule, and that date is negotiable. Tell us what would suit you before the offer goes in and we will try to get it. Once missives are concluded the date is fixed for both of you, so it is worth saying early if you need longer.
When am I actually committed to the purchase?
When missives are concluded, not when your offer is accepted. Until that point either side can walk away. After it, walking away is a breach of contract and it costs money. We will tell you the day it happens, so there is never any doubt about which side of that line you are standing on.
Do I really need a will?
If you own a house, have children, or care at all who gets what, then yes. Without a will the law decides, and the order it uses may not be the order you would have chosen. A straightforward will is not an expensive document and it usually takes one appointment. Call 0131 229 4939 to arrange one.
What is a power of attorney, and when should I do it?
It says who makes decisions about your money and your care if you cannot make them yourself. It has to be granted while you still have capacity, so the honest answer to when is now rather than later. Without one, your family has to apply to the court for a guardianship order, which takes months and costs a great deal more.
Can you sell my house as well as do the legal work?
Yes. Thomas H. G. Stewart are solicitors and estate agents, so the sale and the conveyancing sit in the same office. Our properties go on houses2go.co.uk and on the ESPC. One firm, one file, and nobody waiting on another firm's post. Call 0131 229 4939.
Is everything kept confidential?
Yes. Everything you tell Thomas H. G. Stewart is covered by legal professional privilege and stays in this office. That includes what goes in your will, what you paid for the house, and anything you mention in passing. Nothing goes to anybody else without you saying so first.
§ Contact