Embracing the Scottish Approach to Home Buying and Selling
The home purchasing process in England and Wales is often unpredictable. Potential buyers simply scan a few online photos, rush through a brief viewing that can last as little as ten minutes, and then place their bids.
It’s only after an offer has been accepted that one embarks on securing mortgage approval, getting a valuation, and potentially arranging for a survey to identify necessary repairs—all at an additional cost.
However, crossing the border into Scotland reveals a fundamentally different approach. Scottish regulations mandate that sellers provide a comprehensive home report before any offers are made. This report includes a survey, valuation, property questionnaire, and an energy report, empowering buyers to make informed decisions regarding their bids.
In contrast, England and Wales only require sellers to present an energy performance certificate (EPC).
Once an offer is accepted in Scotland, the transaction typically moves forward smoothly, whereas in other parts of the UK, multiple obstacles can arise.
For example, when securing a mortgage, lenders complete a property valuation to ensure the loan amount aligns with the property’s worth. If the valuation returns a figure lower than the offer, complications ensue.
This situation unfolded for me when my lender determined the home I desired was worth significantly less than my offer. Consequently, my mortgage was based on this reduced valuation. This left me with three choices: contest the low valuation (which rarely succeeds), seek another lender (who might use the same appraisal service), or negotiate a different price.
I attempted to negotiate, but the seller was inflexible, leading me to withdraw from the deal.
Such frustrations could be mitigated with a process similar to Scotland’s. Since a valuation is conducted as part of the home report by a qualified surveyor rather than an estate agent’s estimate, many lenders frequently forego additional valuations, or if they do, they are likely to yield similar results.
While some might consider negotiating down their offer at the last moment—a tactic referred to as gazundering—this approach contradicts my principles. Nevertheless, such practices do occur, just as gazumping does, where a seller accepts a higher bid during the final stages.
In Scotland, the likelihood of withdrawing from an accepted offer is quite low due to the formal contracts created through a series of solicitor-issued letters known as missives. The initial missive represents the official offer, and pulling out after the final missive incurs substantial financial penalties.
Experiences like mine, where the home-buying journey collapsed weeks into the process, are sadly common. Many buyers find themselves in a similar predicament after months of legal fees, surveys, and purchasing furniture.
A greater degree of protection for both buyers and sellers is essential. An attempt to introduce such measures occurred in 2007 with home information packs (Hips), which required sellers to provide an EPC and other legal documents like local authority searches and title deeds. Although it was intended to feature a home condition report, that aspect was made optional before its launch. Ultimately, Hips were suspended after less than three years and abolished due to concerns that their cost burden contributed to the housing crisis of 2007.
Nonetheless, the expense—ranging from £350 to £800 in Scotland—would align closely with the costs of conducting surveys during purchasing, essentially shifting financial responsibilities from buyers to sellers. If implemented effectively (as there were criticisms of Hips regarding value for money), it could eliminate the need for further surveys later on.
A robust alternative to Hips is required in the housing market. The Scottish system demonstrates that a more streamlined process is not only possible but also beneficial. @JohannaMNoble
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