Guide to the differences between a commercial property sale transaction in Scotland and England and Wales
Produced in partnership with Rachel Oliphant of Pinsent Masons
Guide to the differences between a commercial property sale transaction in Scotland and England and Wales

The following Property guidance note Produced in partnership with Rachel Oliphant of Pinsent Masons provides comprehensive and up to date legal information covering:

  • Guide to the differences between a commercial property sale transaction in Scotland and England and Wales
  • Pre-contract
  • The contract
  • Post completion/settlement
  • Land law

This Practice Note considers the different stages in transactions for the sale of commercial property in England and Wales compared to those in Scotland, at pre-contract, contract, post-contract, completion or settlement and post-completion or settlement stages.

The table below highlights the key steps in each stage of a commercial property sale transaction in each jurisdiction taking a very simple transaction with no funding involved.

ENGLAND and WALES SCOTLAND
Pre-contract
  1. buyer raises pre-contract enquiries of the seller

  2. buyer carries out due diligence ordering all necessary searches (such as official copies, land charges searches, coal mining reports, local authority search and enquiries etc), see Practice Notes: Standard pre-contract searches and Additional pre-contract searches

  3. seller issues draft contract which will incorporate standard conditions of sale

  4. parties negotiate draft contract

  5. buyer carries out official search with priority, see: Pre-completion searches—checklist

  1. seller provides buyer with title pack including copy title sheet if the title is registered or title deeds if the title is not registered and all necessary reports and searches

  2. buyer carries out due diligence raising specific enquiries of the seller, see Practice Notes: Investigating title in Scotland—searches and enquiries—the basics and