A recent poll carried out by EstatesDirect.com concluded that,along with divorce and the death of a close relative, buying a property is one of the most stressful experiences in modern life.

So why is buying a home, anecdotally, one of the most stressful experiences we encounter?

The conveyancing process has, believe it or not, been significantly simplified in the last quarter of a century. For example, the Land Register was introduced in 1979, which resulted in the title deeds being contained in a single booklet called the Land Certificate, rather than severaldeeds which, in some cases, could date back to the 17th Century.

The Offer for a property itself now refers to the Combined Standard Clauses, which is a nine page document designed to simplify the missives, or commonly, the contract, for both solicitors and clients. Once an offer has been accepted, certain information must be exhibited to the purchaser’s solicitor including, most importantly, the title deeds and this is where problems might come to the buying solicitors attention.

Buying a home is often the single most important financial transaction a person will make in their life.  It is therefore imperative that your solicitor ensures that you obtain a good title. A common complaint is that the language used is in “legalese” and confusing.

A solicitor must scrutinise the deeds in detail and ensure that there are no onerous obligations affecting the property.  It is of course our professional duty to ensure the client is aware of any issues, so that they, and any lender, can make an informed decision as to whether or not to proceed with the transaction.

The solicitor/client relationship has changed over the years. Thanks to the advance of technology, there are far more demands on solicitors to keep their clients fully informed regarding all aspects of their transaction. This is a double edged sword because although the client is more involved, they are also more aware of the problems that inevitably arise; this is what may result in 'stress'.  Whilst we, as solicitors, are often confident there is a resolution to the problem, to the client it can seem like a disaster, and often their anticipation is thatthe deal is going to fall through.

The key to a successful relationship and a stress free transaction is for any issues to be resolved quickly and efficiently given the impending date of entry.

Find a solicitor you can trust and let them take the stress away from you and allow you to concentrate on the more important matters – like furnishing and decorating your new home.

For further information on the property sale and purchase procedure, trust Mary Birse of our Stonehaven branch, Kinnear & Falconer, and contact her on 01569 763555 or by email at This email address is being protected from spambots. You need JavaScript enabled to view it..