How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9981
Experience:  30 years as a practising solicitor.
Type Your Scots Law Question Here...
JGM is online now
A new question is answered every 9 seconds

When buying an Scottish auction property that has a "Notice

This answer was rated:

When buying an Scottish auction property that has a "Notice of Potential Liability", is it possible to find out how much the liability is BEFORE purchasing? With all this 'data protection' these days, it seems the Factors / Housing Association will not tell you the amount.
Thank you for your question.

Yes, some factors are a bit difficult that way. The best way to do it is to find out the solicitor for the seller and ask him to ask the factor how much is owing. If possible you want to ensure that the seller is obliged to pay and have the notice satisfied up to the entry date. I take the view that it is manifestly unfair for a purchaser to have to pay off someone else's debt. Heritable creditors who repossess properties don't appear to have a conscience about that, however.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Thanks - I hope I do not have the same problems in future if asking the seller solicitors for the NOPL amounts. (a bit scary not being allowed to know how many thousand is owing before purchasing)
FYI: Last year I bought a repossessed auction property (the Housing Association refused to tell me the NOPL amount before my purchase) and I was told I had to pay approx. £3K for someone else's debt as auction properties are bought "as is" (no conditions), so there was no way to get the seller (the bank) to pay their liability.

Exactly my point. It's disgraceful the way lenders behave. We don't allow our clients to conclude missives unless the seller backs down on that, certainly where it's a private sale with missives. It's more difficult to do where there's an auction situation with Articles of Roup.
JGM and other Scots Law Specialists are ready to help you