House buying. Are we wrong?

[Prisonbreak]

I'm a first time buyer due to sign missives and exchange within 10 days. In Scotland.
When our offer was accepted months ago we asked if we could access the property again and we were refused. We were told we could only go back after we sign the missives. We accepted this but friends and family are saying that's a red flag.
Just yesterday we heard that the garden fence has been damaged and needs fully replaced (£2,500) This is at current owners cost but the work will not come with a guarantee and should it be sub par then it's our expense to resolve. We have asked for access again as the house/ garden will be different. The replacement fence quote is very vague and doesn't mention height, colour etc.
we were again told we can see it after we sign the missives. Are we being naïve or is this normal?

@DeedlessIndeed neither. Our solicitor emailed us yesterday to inform us of damage. However very vague as to what caused it and no guarantee comes with the repair

@spearthatbroc at the time we were looking we could be the 19th or 20th visitor! Loads and loads of people looking.

In Scotland sellers do their own viewings and have 2 hour open house slots (Thu/Sun). This may be out-of-date info given we last bought/sold in 2007.

@spearthatbroc

See attached screengrabbed and redacted email from our lawyer back in 2016.

I am genuinely interested in which law says i have to open my doors to buyers twice after an offer has been accepted?

And I think if you are telling the op that she is entitled to it then you need to be able to show the law that says that?

We sold in Scotland recently. Our solicitor advised us not to allow purchasers to visit again until missives were concluded. The purchasers did visit twice before placing an offer. I thought it was a bit odd and didn't understand the logic but complied with our solicitors instructions. They did visit again to measure up for curtains etc after missives.
I have no advice regarding fence

Absolutely NOT the case. Only after the offer has been accepted, the owner doesn’t have to give you access till after the missives have been signed. You can view as many times as you like (and the vendor will allow) before you offer.

Have deleted as I’d totally misread the post so my reply made no semse!

Our buyers did. There’s no way I’d have bought a 70 year old house based on a 15 minute visit but they were happy to. We would have let them in for subsequent visits but they never asked.

You’ve completely misunderstood!

@Nicknacky no idea what law as I'm not a lawyer 😁 but act on the advice of mine!

Ok, I just don’t think it’s right to give the OP false information.

@mrsmacmc Your solicitor has probably included two visits into the conditions of the sale/contract (the missives) which your seller has accepted. When the missives were signed this condition became legally binding on the sellers. It’s not an entitlement across the board.

We offered on a property recently after 2 viewings and were told we wouldn't be able to view again until after missives concluded.
Suggest your best option is to ask for a couple of grand off the price and do the repair yourself

Generally, the expectation is that you're sure you want to buy before you do (whether thats one veiwung ir 100 viewings). If your offer is accepted, solicitor checks what they said is for sale and you said you wanted was the same.

Legally, you can mess people about until you sign missives. BUT.... many solicitors, estate agents etc will decide youre too much hassle to bother investing their time in once you "change your mind". Different if something pops up in conveyencing.

i remember in Scotland you used to conclude the missives really quickly so it was rare that people pulled out. Now it’s quite common to see houses come back on the market months after offers had been accepted. I bought a house a couple of weeks ago and missives weren’t mentioned much at all.

Wow. That amazes me.

Dunno what the legal situation is in Scotland, but I do know what whatever the legal situation is, you can always try to negotiate.

As a seller I’d be livid if the buyer just knocked on my door, that is so intrusive. But I’d always allow a buyer access for a couple of extra viewings if they asked politely through the estate agent or through lawyers.

If your selling is just saying absolutely no way to any other viewing then that does seem a bit odd, but I’m not in Scotland 🤷‍♀️

We bought in Scotland in 2022
we asked to visit after offer was accepted- estate agent said ‘no, not until missives were signed’
Luckily our solicitor had a word and we had another visit - we wanted to measure up for furniture etc

I think this issue if not revisiting is a flaw in the system.
Can I also say - please be very wary of the home report. It is written on behalf of the seller and most people I know have found big issues when they move in. Technically you are told you have some come back but in reality you do t have much

If you are not in love with this property and can think again - then do so. Whilst there are some good aspects to the system in Scotland I do think it is not an equal footing for the buyers

Solicitors and Estate agents are interested in their share if the money - once you sign the missives you are committed more than in the English system
and it will cost you slot to withdraw

Goid luck OP

Hi OP. I agree that it is not uncommon for the seller not to allow access after an offer has been accepted. I don’t think this is necessarily a red flag. This is to stop the buyers constantly requesting access and perhaps trying to find faults and reduce the price after the seller has taken the property off the market (in good faith). Ultimately the buyer should be happy with a property before they put in an offer, or they should offer subject to certain conditions being met. Some people view a property once, but most have at least one more viewing before placing an offer.

My understanding is that most conveyancing solicitors will add a clause in the missives requesting access for measuring up etc. once missives have been concluded. However the seller can refuse and ask for this clause to be taken out.

I think I would go back to your solicitor and request further details of the spec of the replacement fence. I do think you are being a bit precious about the guarantee, you wouldn’t have had this for the original fence. Ultimately I wouldn’t conclude missives unless you are happy with the position regarding the fence. You could ask your solicitor to add a clause to the missives detailing the spec ie the replacement fence must match and be of the same quality/type/height etc as the original fence. You could ask that the replacement cost is held back (funds held by your solicitor) until you are satisfied that the fence is of the same/similar spec. Ultimately my understanding is that unless both parties agree to all of the conditions in the missives then you will have reached stalemate. You risk the seller pulling out if they are unhappy with any of the conditions in the missives. Similarly they risk you pulling out too so if you are really unhappy about not viewing the property again before concluding missives then don’t. Personally I would probably be happy with my solicitor adding a clause to regarding the required specification of the replacement fence if it can’t be resolved before missives are concluded.

It is normal in Scotland. My DM always said never let a viewer back until missives signed. Might be wrong but i think in England missives are concluded earlier in the process?

@OldLabMummy thanks for the clarification 😊 that makes sense as we did conclude missives quite speedily as we were happy to do so 💖 and have been in the same mindset for the upcoming exchange too however it's been a total rollercoaster, 🤞🏻 it'll all go smoothly 🫠

We've been absolutely battered recently and almost everyone I know is repairing or replacing some fencing. This in itself doesn't seem a red flag.

Perhaps they have packed up half the house and don't want anyone to see in with boxes everywhere?

You do have some come back if say the boiler is broken or fixtures and fittings broken after sale.

I’ve bought a few houses in Scotland and that sounds normal to me. But ask your solicitor, not randoms on the internet!

As a total aside, the great thing about the Scottish system as opposed to the English is no leasehold. Here I can buy a house and the land it’s built on at the same time. No silly leases in sight!

Have you or haven’t you signed the missives?

If you’ve signed them, then you can’t negotiate further on the price (I.e to deduct the fence repairs) and frankly you can’t pull out either unless you’re willing to risk the sellers suing you. Once the missives are signed, they’re signed there’s really no going back.

Why did you commit if you had so many uncertainties? Surely you took legal advice about this?

It seems to be coming more and more common that missives are being concluded on the date of entry. Previously they used to be concluded much earlier which meant that sellers/buyers could sell/purchase another property without fear of the seller/buyer pulling out at the last minute.

The coveted Scottish system is now no better, and perhaps worse, than the English system due to this new trend.