Common Delays in Conveyancing – and How to Avoid Them

Buying or selling a property in Scotland can be straightforward when titles are in order, finance is in place and everyone is organised and responsive. However, delays can and do often happen, particularly in large chain transactions where a multitude of these factors are in play.

Conveyancing in Scotland follows a fairly structured process, but it still depends on several moving parts: solicitors, lenders, surveyors, buyers, sellers and sometimes third parties such as factors or local authorities.

Below are the most common causes of delay in Scottish conveyancing — and what you can do to reduce the risk

Mortgage Offer Delays

One of the most frequent causes of delay is waiting for a formal mortgage offer to be issued by the chosen lender.  Even if you have an Agreement in Principle, your lender will still need to carry out checks before issuing the full mortgage offer. This can include reviewing the Home Report or sometimes carrying out their own survey, checking your income, and carrying out affordability and credit checks. It is important to note when making an offer that a decision in principal is not an offer of loan and a full application will be required for loan papers to be issue enabling a purchase to proceed.

Why this causes delay:

Your solicitor should not conclude missives (make the contract legally binding) without confirmation that your funding is in place as you would be legally bound to purchase irrespective of the mortgage position which could leave you open to potential legal action for breach of contract, were the loan not to be issued. If the mortgage offer is slow to arrive, everything else pauses as this is an essential component of proceeding with the transaction.

How to avoid it:

• • Apply for your mortgage as early as possible.
  • Provide all documents requested by your lender promptly.
  • Avoid changing jobs or taking on new credit during the process.
  • Keep in regular contact with your mortgage adviser.

Incomplete or Incorrect Paperwork

Both buyers and sellers must provide various documents during the transaction.

For sellers, this may include title deeds, planning paperwork, building warrants, guarantees or factoring information. For buyers, it may involve proof of funds, identification and signed documentation. 

Why this causes delay:

If paperwork is missing or inconsistent, solicitors must investigate further and often wait for these to arrive due to the documentation being imperative to the transaction proceeding, even more so when a mortgage is involved and the lending criteria must be considered.. This can involve writing to third parties, requesting duplicates or clarifying discrepancies.

How to avoid it:

• • Sellers should ingather paperwork before the property goes on the market.
  • Respond quickly to your solicitor’s requests.
  • Provide clear, legible copies of documents.
  • Disclose any alterations or issues early.

Title Problems

In Scotland, your solicitor examines the title to ensure the seller has the legal right to sell and that there are no unexpected or unduly onerous burdens or defects affecting the property.

Common issues include:

• • Inaccurate title plans
  • Missing rights of access/servitudes
  • Shared driveways without proper maintenance provisions.
  • Old standard securities that have not been formally discharged

 Why this causes delay:

Title problems may require clarification from previous solicitors, neighbouring proprietors or lenders. In some cases, indemnity insurance or corrective deeds may be required or more time consuming still, there may be some form of rectification of title or corrective conveyancing required which could lead to a substantial delay with additional costs involved.

 How to avoid it:

• • Sellers should check their title position early providing these to their agents sooner.
  • If you know there have been past boundary or access issues, mention them at the outset.
  • Use an experienced conveyancing solicitor who reviews title promptly after instruction.

Issues Raised in the Home Report

The Home Report is a key part of Scottish conveyancing. The Single Survey may identify repairs or defects.

Why this causes delay:

Buyers may seek further specialist reports, supporting documentation and /or renegotiate the price. Lenders may also impose conditions before issuing funds.

How to avoid it:

• • Sellers should address significant defects before marketing if possible.
  • Buyers should review the Home Report carefully before offering.
  • Obtain specialist reports quickly if required.

Delays in Concluding Missives

In Scotland, the contract becomes legally binding when missives are concluded. Until that point, either party can withdraw.

Why this causes delay:

Negotiations over entry dates, extras, repairs or contract clauses can prolong the exchange of letters (missives) between solicitors. This is even more prevalent in large chains where the domino effect of missives renders many transactions coming to a halt until missives can be concluded at the start of the chain. Unfortunately, more often than not at present, these are being concluded very close to the date of entry meaning there is a lack of certainty until the transaction is virtually at the point of settlement.

How to avoid it:

• • Be clear about your preferred entry date from the outset.
  • Give your solicitor prompt instructions if and when questions arise.
  • Try to be realistic and practical in negotiations. There are no winners and losers in a conveyancing transaction, and the system is not supposed to be adversarial. In order for the transaction to be a success both parties must be in agreement with compromise often needed on all sides.

Property Chains

 Scottish transactions can and often are still affected by chains where multiple purchases depend on each other.

 Why this causes delay:

If one transaction in the chain is delayed — for example, due to mortgage issues — it can impact everyone else.

 How to avoid it:

• • Keep your solicitor informed about any linked transactions.
  • Ensure your own funding is secure.
  • Maintain flexibility where possible.

Searches

Your solicitor must carry out property and legal searches before settlement

 Why this causes delay:

Search results can sometimes reveal unexpected issues (such as notices or inhibitions).

 How to avoid it:

• • Instruct your solicitor early.
  • Ensure funds are ready in good time before settlement.
  • Respond quickly to any issues identified in searches.

Funds Not Cleared in Time

On the date of entry, the purchase price must be transferred in cleared funds.

Why this causes delay:

Bank transfer limits, late mortgage drawdown requests or delays in receiving sale proceeds can prevent settlement from taking place on time.

How to avoid it:

• • Arrange transfers in advance.
  • Check daily banking limits.
  • Ensure your solicitor has loan papers and has requested mortgage funds in good time.

Poor Communication

Surprisingly often, delays arise simply because emails go unanswered or instructions are unclear.

Why this causes delay:

Conveyancing involves tight timescales. If one party does not respond promptly, matters quickly stall.

How to avoid it:

• • Check emails regularly.
  • Inform your solicitor if you will be unavailable.
  • Ask questions if you are unsure about anything or if you are awaiting further information from your solicitor that is critical you completing, be ensure to follow this up with them.

A Note on Timescales in Scotland

Scottish conveyancing is generally quicker than in other parts of the UK because the offer and acceptance process creates a binding contract earlier.  However, a typical transaction still takes several weeks (traditionally 6-8) from offer to entry. Complex titles, new builds or linked transactions may take longer.

Planning ahead and instructing your solicitor early makes a significant difference.

How We Can Help

As Scottish conveyancing solicitors, we:

• Review title and documentation early to identify issues before they cause delay
• Liaise promptly with lenders and other solicitors
• Provide clear advice on Home Report findings
• Keep you informed at each stage of the transaction
• Work proactively to meet your preferred entry date

Buying or selling a home is a major event. While some delays are outside anyone’s control, others can be avoided with early preparation and clear communication.

If you are thinking about moving, taking advice at the outset can make the process far smoother — and far less stressful.  Please contact our experienced Residential Conveyancing Team on 01324 622 888 or contact help@randa-fa.co.uk and we would be delighted to assist.