What to Do if a Property Chain Breaks Down in Scotland
A property chain is a sequence of linked house purchases, where the sale of one property is dependent on the successful sale of another property. Property chains are common in the housing market especially during our current situation of high inflation, and they can be the cause of much anxiety and stress for homeowners. When a property chain breaks down, it can have a domino effect, causing delays and complications for all parties involved.
Understanding Property Chains in Scotland
In Scotland, the property market operates differently than in the rest of the UK, with distinct laws and practices in place. If you find yourself in a broken property chain in Scotland, it is essential to know your options and take the right steps to resolve the issue as quickly and effectively as possible.
We have developed this comprehensive guide to help take you through the ins and outs of property chains in Scotland, what to do when they break down, and how a cash buying company like My Local Property Buyer can provide a much-needed solution.
The Scottish property market has a unique selling process: In Scotland, a solicitor typically handles the selling process, providing a single point of contact for the buyer and seller. This streamlined process reduces the risk of communication breakdowns and misunderstandings.
Offers are legally binding: Unlike in England and Wales, where offers can be withdrawn or changed before contracts are exchanged, in Scotland, offers are legally binding once accepted. This reduces the chances of gazumping (when a seller accepts a higher offer after already accepting a lower one) or last-minute changes that can break property chains.
The home report: In Scotland, sellers must provide a home report, which includes a property survey, an energy report, and a property questionnaire. This report provides potential buyers with essential information about the property, reducing the chances of unexpected issues arising during the sale process.
The missives: The sale process in Scotland involves the exchange of formal letters, known as missives, between the buyer and seller’s solicitors. Once all the missives have been agreed upon and concluded, the sale is considered binding, and there is a low risk of the property chain breaking.
Despite these unique aspects of the Scottish property market, property chains can still break down, causing disruption and delays for those involved.
Reasons for Property Chain Breakdowns
A property chain can break down for various reasons, some of which are unique to Scotland, while others are common throughout the UK. Some common reasons for a broken property chain include:
A buyer pulling out: This can occur for numerous reasons, such as a change in personal circumstances, cold feet, or an inability to secure a mortgage.
A seller pulling out: This can happen if the seller receives a higher offer (though less likely in Scotland due to binding offers), decides not to sell, or cannot find a suitable property to move to.
Mortgage issues: A buyer may be unable to secure a mortgage due to insufficient funds, poor credit history, or a change in their financial circumstances.
Survey issues: The home report in Scotland provides essential information about the property. However, if a significant issue arises that was not disclosed, it could cause the buyer to reconsider or renegotiate the terms of the sale.
Legal issues: Complications with the property’s title, boundary disputes, or other legal issues can cause delays and potential breakdowns in the property chain.
What to Do if a Property Chain Breaks Down in Scotland
If you find yourself dealing with a broken property chain, there are several steps you can take to try and resolve the issue:
Communicate with all parties involved: Keeping open and transparent communication with your solicitor, buyer, seller, and any other parties involved in the chain is essential. It can help identify the cause of the breakdown and facilitate potential solutions.
Consider renegotiating: If the chain has broken down due to a specific issue, such as a survey finding or mortgage difficulties, it may be possible to renegotiate the terms of the sale to address the problem and keep the chain intact.
Look for alternative buyers or properties: If a buyer or seller pulls out of the chain, it is necessary to find a replacement. This may involve relisting your property for sale, adjusting your search criteria, or working with a local estate agent to find suitable alternatives.
Speak to your mortgage lender: If the breakdown is due to mortgage issues, contact your lender to discuss your options. They may be able to offer alternative mortgage products, extend your mortgage offer, or provide guidance on improving your credit score.
Consider using a cash buying company
One option for resolving a broken property chain is to sell your property to a cash buying company like My Local Property Buyer. This can provide a quick and reliable solution, allowing you to complete the sale of your property and move forward with your plans.
The Benefits of Selling to My Local Property Buyer
Speed: My Local Property Buyer can complete the purchase of your property in as little as seven days, allowing you to quickly resolve the broken chain.
Certainty: With a cash buyer, there is no need to worry about mortgage issues or other factors that can cause a property chain to break. You can have confidence that the sale will proceed smoothly.
Flexibility: My Local Property Buyer can work to your preferred timescale, whether you need a quick sale or require more time to find a new property to move to.
No fees: Selling to My Local Property Buyer means you won’t have to pay any estate agent fees, saving you money during an already stressful time.
Convenience: My Local Property Buyer will handle all aspects of the sale process, including liaising with your solicitor and any other parties involved in the chain.
