Finalising the sale and transferring ownership

Once the missives are concluded and the contract becomes legally binding, attention turns to the final preparations needed to complete the sale. This is the final phase of the transaction, where ownership is formally transferred, financial settlements are arranged, and the property changes hands.

Although your solicitor estate agent will handle most of the work, it is still helpful to understand what is happening behind the scenes and what your responsibilities are as the seller.

Preparing the disposition

The disposition is the legal document that transfers ownership of your property to the buyer. Your solicitor will draft this document and submit it to the buyer’s solicitor ahead of the agreed date of entry. It must be accurate, signed, and ready for registration with Registers of Scotland once the sale is complete.

This step is crucial because the disposition is what legally allows the buyer to become the new owner. Your solicitor will ensure that the disposition is correctly prepared and delivered in good time to avoid any last-minute complications.

You may also be asked to sign the disposition in advance of the date of entry, usually under the guidance of your solicitor.

Redeeming your mortgage

If you still have a mortgage on the property, your solicitor will arrange for it to be paid off using the proceeds of the sale. They will request a redemption statement from your lender, which confirms the amount still owed, including any interest or early repayment charges.

On the day of settlement, the buyer’s solicitor will transfer the purchase funds to your solicitor. Once received, your solicitor will:

• Repay the outstanding mortgage to your lender
• Pay the estate agency and legal fees
• Transfer the remaining balance (net proceeds) to your bank account

This is usually completed on the same day as the date of entry, ensuring everything is tied up efficiently.

Vacating the property

By the agreed date of entry, you are expected to have vacated the property and left it in the condition specified in the contract. This typically means:

• All personal belongings have been removed
• The home has been cleaned and cleared of rubbish
• Any agreed items (such as white goods or furniture) are left behind
• The property is secure, with all windows closed and locks functioning

Your solicitor estate agent will let you know how the keys should be returned. In most cases, you will drop them off at their office on the morning of the entry date, and the buyer will collect them once the funds have been received.

It is good practice to leave behind any useful documentation for the buyer, such as instruction manuals, alarm codes, or service history for appliances. These small gestures can help ensure a smooth transition and avoid unnecessary follow-up queries after completion.

Transferring the title

Once the sale is complete and the buyer has received the keys, the buyer’s solicitor will register the disposition with Registers of Scotland. This legally transfers the property title from your name to the buyer’s name.

As the seller, you are not directly involved in this registration process, but your solicitor will ensure the disposition is properly prepared and ready for submission.

At this point, you are no longer the legal owner of the property, and all your obligations relating to the home come to an end. If you had home insurance or council tax responsibilities, these should also be cancelled or updated from the date of entry.

Receiving the proceeds of the sale

Once all the legal and financial steps are completed, your solicitor will transfer the net proceeds of the sale to your chosen bank account. This will be the balance remaining after:

• Repaying your mortgage
• Settling your solicitor’s fees
• Paying any estate agency commission
• Covering any agreed costs or disbursements

Your solicitor will provide a final settlement statement showing a full breakdown of the transaction, including how the funds have been allocated. This is a helpful document to keep for your records.

The timing of this payment is usually on the same day as the date of entry, though in some cases it may be later in the day or the next working day, depending on banking timelines and the time the funds were received.

Potential delays or complications

Although most sales conclude smoothly, there is always a chance of a delay. Common causes include:

• Late receipt of funds from the buyer’s lender
• Banking delays when transferring large amounts
• Issues with key handover or incomplete documentation

Your solicitor estate agent will help manage any delays and keep you informed. If there is ever a concern that something might hold up the completion, they will take the necessary steps to protect your position and ensure the matter is resolved quickly.

In rare cases where the buyer fails to complete the purchase despite the conclusion of missives, your solicitor can advise you on legal remedies. These may include retaining the buyer’s deposit or seeking compensation for breach of contract.

Finalising the sale and transferring ownership is the last, but no less important, part of selling your home. It brings together all the legal, financial and logistical aspects of the transaction and ensures everything is settled properly.

Your solicitor estate agent plays a central role in this process, from preparing legal documents and handling the flow of funds to arranging key handover and communicating with the buyer’s solicitor. With their support, you can complete the sale smoothly and move forward with confidence.

Once the property has changed hands, your legal ties to it are fully ended, and you are free to focus on whatever comes next; whether that’s settling into a new home, travelling, or making a fresh start elsewhere.