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specific property law? (Read 3809 times)
wlliR
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specific property law?
Aug 26th, 2009 at 11:09am
 
Which act of Scottish Property law dictates that I must instruct a lawyer when purchasing property in Scotland, or is it just an accepted practice?Have spoken with two experienced conveyancing firms one of whom says its a legal necessity to have a Scottish solicitor the other saying not only do you not require a solicitor but you would not require a Scottish solicitor. Neither firm can provide the statutary or common law authority to support their positions . The Law Society of Scotland are equally at a loss, saying it would only be in one's best interest .Surely someone out there knows the law of the land
williR
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« Last Edit: Aug 26th, 2009 at 2:32pm by wlliR »  
 
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everyonesfavouriteposter
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Re: specific property law?
Reply #1 - Aug 26th, 2009 at 8:17pm
 
You don't need a solicitor. It is your choice. But conveyancing is very tricky. You need to know what forms you need to fill out, and how to fill them out. I always remember one of my professors at uni saying "Only a fool does his own conveyancing".
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wlliR
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Re: specific property law?
Reply #2 - Aug 26th, 2009 at 9:30pm
 
Thanks for the clarity. However the buyer(me) has an (Boo Hiss)English Lawyer of some repute and also I am married to a Scottish Criminal Lawyer however nobody would give me a concise answer and as you understand criminal only comes into force when conveyancing is a fraud. I have now won a bottle of wine!
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Re: specific property law?
Reply #3 - Aug 26th, 2009 at 10:18pm
 
Enjoy the wine. And don't use swear words (English lawyer) again!
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Re: specific property law?
Reply #4 - Aug 27th, 2009 at 2:33am
 
I remember a professor at Uni saying the same thing as the second post - warning lawyers not to even do their own conveyancing.  I think his reasoning was that if you do it yourself and c0ck it up you've got nobody to sue.

As the English lawyer and Scottish criminal lawyer will know, English and Scottish property law is very different.  The Property law exam, for example, is pretty much the only one that lawyers have to do for the QLTT (transferring from Scots Law to English Law).

Its unethical in Scotland (and may be against professional conduct rules) for a lawyer to practise an area of law they're not familiar with.  No idea if that's the same in England...

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