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JGM
JGM, Solicitor
Category: Scots Law
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Experience:  28 years as a practising solicitor.
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When buying an Scottish auction property that has a "Notice

Resolved Question:

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.
Submitted: 10 months ago.
Category: Scots Law
Expert:  JGM replied 10 months ago.
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 10 months 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.

Expert:  JGM replied 10 months ago.
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, Solicitor
Category: Scots Law
Satisfied Customers: 7252
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

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