Problems with buying and selling a home
This advice applies to Scotland. See advice for See advice for England, See advice for Northern Ireland, See advice for Wales
If you’re buying or selling a home, you might come across some problems. Find out about the common problems and what steps you can take.
For more help, check our advice on buying a home and selling a home.
Consumer protection law
A selling agent, solicitor or conveyancer might be in breach of the unfair trading regulations if they use certain practices to try to sell the property.
They should disclose to prospective buyers:
what they know about a property
what they should reasonably be expected to know
what they become aware of during the marketing of a property which could affect a buyer's decision
The regulations have rules about when practices are unfair. These are:
misleading actions – for example, mis-describing the main characteristics of a property
misleading omissions – for example, not telling you important information about a property
aggressive practices – for example, applying undue pressure on a seller to make a decision
banned practices – for example, claiming to be a member of a professional body when they are not
lack of professional diligence – for example, not carrying out reasonable checks on the accuracy and truthfulness of information provided.
Fin out more about your rights if there has been aggressive selling or you have been misled.
Check how to report a problem to trading standards.
Problems with you solicitor or conveyancer
In Scotland if you’re buying or selling a house you must use a solicitor or an independent qualified conveyancer. Their role is to advise you on procedure, carry out your instructions and act in your best interests.
The bill is too high
If you think your solicitor’s bill is too high, before paying the bill you should:
check that all the costs are clearly set out
ask the solicitor to explain anything you do not understand.
If you’re still not satisfied with the amount of the bill, you can complain to the Scottish Legal Complaints Commission.
Find more information on using a solicitor.
Your instructions are not carried out
You can make a complaint if your solicitor has not carried out your instructions. For example, if the solicitor:
does not make an offer in time and the house is sold to someone else
does not accept an offer in time, so the purchaser withdraws
does not include conditions in an offer which the buyer wanted - for example, the seller to be responsible for repairs
has been negligent- for example, not telling you important information about the property.
You should contact the solicitor first to resolve the problem.
If you’re not satisfied with the solicitor’s response, you can complain to the Scottish Legal Complaints Commission.
Find more information on using a solicitor.
Problems with the single survey
Most houses which are sold must have a Home Report which contains a single survey. This survey is available for both the seller and potential buyers. The surveyor has a legal responsibility to provide accurate information to both the seller and the buyer.
A potential buyer will usually want a valuer or surveyor to inspect the property. If you’re the seller you must allow the valuer or surveyor to look round the property.
A surveyor or valuer can only be held legally responsible for any financial loss suffered by the buyer in limited circumstances.
If you’re the buyer and you think the surveyor or valuer is responsible for any loss, you should talk to an adviser.
Problems with your estate agent
If you use an estate agent to sell your property, there will be a contractual agreement between you and the estate agent. If you have a problem with the estate agent, you should first check the written agreement.
The seller pays for the estate agent's services. The estate agent is therefore acting on behalf of the seller and representing their interests.
An estate agent can also sometimes act for the buyer, for example by arranging a mortgage for the buyer or persuading the seller to accept a price offered by a buyer. This can lead to a conflict of interest if the estate agent acts for both parties in the same transaction.
All estate agents must belong to a government approved complaints redress scheme. There are two approved schemes:
An estate agent that is not a member of an approved redress scheme can be subject to a penalty charge of £1,000 and can be banned if it does not comply with the requirement to join a redress scheme.
You are not satisfied with the service provided
You can complain to the estate agent if you are not satisfied with the service they’re providing. For example:
the estate agent may not be sending out details of your property to potential buyers
the advertising is not what you wanted
the details about the house are inaccurate or inadequate
the estate agent is discriminating against you
If you are not satisfied with the estate agent’s response you can complain to the redress scheme to which the estate agent belongs.
The bill is too high
If you're the seller and you think your estate agent’s bill is too high, you should:
check that all the costs are clearly set out
compared the bill the original agreement you made with the estate agent
Find more information about estate agents' charges.
If you disagree with the amount the estate agent is charging, you should talk to an adviser.
You decide not to sell
If you’re the seller and decide not to continue with the sale of your home, you might have to pay some estate agents’ charges. For example, to cover any costs the estate agent has already incurred. You should check your contract with the estate agent.
If you disagree with the amount the estate agent is charging, you should talk to an adviser.
You want to change estate agents
If you are the seller and want to change your estate agent you should check the terms of the agreement you have with the estate agent to see if this is possible. If it is possible you may still have to pay some charges to the estate agent to cover costs, such as advertising, that the estate agent has incurred.
If you disagree with the amount the estate agent is charging, you should talk to an adviser.
You have found your own buyer
You can sell to a buyer that you’ve found yourself but you’ll still have to pay the estate agent. What you need to pay should be written in the contract.
You've lost money because of the estate agent
You might think that your house was sold for less than it could have been because of the estate agent. This might happen if the estate agent:
did not tell you about a higher offer
set the price of the house too low without your agreement.
If you think you've lost money because of the estate agent, you should talk to an adviser.
Discrimination
It’s against the law for an estate agent to discriminate against you because of your age, race, sex, disability, sexuality, or religion. For example, they cannot refuse to show you a property because the owner doesn't want to sell to people of a certain religion or belief.
Find out more about discrimination in housing.
Problems getting a mortgage
Lenders have different rules about giving mortgages. If you’re having difficulty getting a mortgage, you should try different lenders.
Do not enter a binding contact to buy a house until you have a formal mortgage offer. If there’s a delay with the mortgage offer, contact the lender to find out the reason and if there’s anything you can do.
Find more information about getting a mortgage from Shelter Scotland.
It’s against the law for a lender to discriminate against you because of your age, race, sex, disability, sexuality, or religion. A lender cannot refuse to give you a mortgage for one of these reasons, or to give you a mortgage on worse terms than someone else for one of these reasons.
Find out more about discrimination.
Buyer wants to withdraw from the contract
When a binding contract has been agreed between the two solicitors, the buyer cannot withdraw or change the terms of the sale without your agreement. If the buyer does not comply with the terms of the contract, you can:
raise a court action to force them to complete the contract.
pursue them for any costs you have as a result.
If it isn’t possible for the buyer to complete the purchase, for example because of lack of funds, it’s usually better to seek compensation for the costs of finding another buyer than to try to enforce the contract.
If the buyer wants to withdraw the offer, you should tell them to contact your solicitor. You should not agree to anything without getting advice from your solicitor.
Seller wants to withdraw from the contract
When a binding contract has been agreed between the two solicitors, the seller cannot withdraw or change the terms without your agreement. If the seller does not comply with the terms, you can:
apply to the court to force them to complete the sale as agreed
pursue them for any costs you have as a result
If the seller wants to withdraw from the contract, you should tell them to contact your solicitor. You should not agree to anything without getting advice from your solicitor.
Seller delays responding to an offer
If the buyer has made an offer for a house, the seller is expected to respond as soon as possible or after the closing date. A seller might delay replying to an offer if:
they have received a higher offer which has certain conditions attached to it. The seller might want to wait until the highest offer is confirmed before they reject other offers
the buyer has made an offer before any closing date has been set. The seller might use this offer to bargain for a higher price with other prospective buyers
If you're the buyer and want to get a quick response, you can ask your solicitor to contact the seller’s solicitor and threaten to withdraw the offer. The buyer is entitled to do this at any time.
Problems with the condition of property
There might not be much you can do if you are not happy with the condition of the property. The seller is not under an obligation to leave the property in a clean state.
The seller must usually empty all their furniture and belongings from the property.
If the seller has left their belongings, you should ask them to remove them. If the seller does not remove the items, you will have to remove them. You can ask the seller to pay for the cost of removing the items. If they refuse to pay, it’s usually not worth raising a court action to force them to.
Damage caused before the sale is complete
A property may be damaged before the sale has completed. For example:
a burst pipe
a broken window
The seller is normally responsible for maintaining and insuring the property until the sale has been completed and the buyer has received the keys to the property. From the completion date, responsibility transfers to the buyer.
Fixtures and fittings have been removed
The seller must normally leave all the fixtures and fittings. Fixtures and fittings are items that cannot be removed without causing damage to the property or the decoration. For example:
kitchen units
electric light fittings
fitted carpets
If something has been removed from the property you’ve bought, check with your solicitor whether it should have been left. If the solicitor cannot resolve the problem, you might need to raise court action against the seller.
Central heating and other essential appliances
The central heating should be working properly when the property is sold. This requirement is part of the 'Scottish standard clauses'. If the central heating is not working, there is normally a clause in the contract for the sale that gives a time limit for the seller to fix it. If the seller does not fix the problem, you can make a legal claim against them.
The seller does not have to guarantee that appliances are working. Appliances are normally sold as seen.
Problems with newly built or converted property
If you’re having problems with buying a new build home, you can get advice from the National House Building Council (NHBC). Find out more information on the NHBC website.
The Consumer Code for Home Builders can also help you. Find out more on the Consumer Code for Home Builder’s website.
You're buying a repossessed property
If the property you're buying was repossessed you should check with your solicitor that it is legally available to buy. Repossessed properties can be bought if the creditor has followed the correct legal process to repossess the property. The creditor who is selling the property can either show evidence of having followed the correct procedure or offer title indemnity insurance. If the property is not legally free to be bought by you, you might have problems if you want to sell it later. Your solicitor should be aware of this.
The property is worth less than you paid for it
If you’re selling your house but the value has dropped to less than what you paid for it, you might still owe money to your lender after you sell it. This is called ‘negative equity’.
If you have negative equity, you must get your mortgage lender's permission to sell the property. There are schemes available to help you. For example, it might be possible to transfer the existing mortgage to a new property rather than pay it off and take out a new one. You should discuss the situation with your lender.