Buyers Guide...

Estate agents arrange the sale of property. They advise on price, negotiate between sellers and buyers and handle advertising.

Many offer additional services such as arranging mortgages, surveys and conveyancing. Remember, you don't have to use any of these services to purchase the property.

Using an estate agent can be a complicated business, so it makes sense to know your rights, the pitfalls and how to get problems sorted out.

In Scotland, both estate agents and solicitors help potential buyers find property and negotiate the sale.

Estate agents provide advice and property details to buyers.

Remember that estate agents may be in a position to benefit personally from the sale of a property. You must be told promptly, and in writing, if your estate agent, or a relative or business partner of the estate agent, owns the property you want to buy.

The estate agent can provide a written description of the property (known as property particulars). This will give you an idea of what a property is like. It is against the law for an estate agent to make false or misleading statements about a property. If the particulars say the property has double-glazing and loft insulation, it should have these features.

If there are terms in property particulars you do not understand, ask for an explanation.

If you think you might be interested in buying a property, the next stage is to go and see it. The estate agent cannot charge you for arranging a viewing or showing you round the property.

Estate agents must treat all buyers fairly. For example, you should not be treated differently because you do not arrange a mortgage through the estate agent.

With the valuation and survey done and your mortgage arranged, if you want to go ahead and buy the property, ask your legal adviser to prepare a formal written offer. This must include the price you want to pay and when you want to take ownership of the property.

Often the seller will respond with a qualified acceptance, agreeing to some terms in your offer but not all of them. You and the seller can negotiate, but once the missives are concluded, there is a binding contract.

It is not always the highest offer which wins. The seller may, for example, sell to the person who can proceed with the sale most quickly.

If your offer is accepted, the seller's legal adviser will send a letter to you confirming the details.

Find out how much you can borrow before spending time looking at places you can’t afford. A price ceiling will concentrate the mind on what is realistically available. Lender’s or mortgage advisers can give you a certificate to say you have a mortgage agreed in principle, which should give you a head start when putting in offers.

There are a number of ways to find a mortgage. Shop around, for example, at banks and building societies. Or go to an independent financial adviser who will be able to tell you what's available from the whole of the market.

A mortgage is a large, long-term debt. You could lose your home if you can't keep up the repayments.

Think carefully before taking on a mortgage and ensure you obtain professional advice.

Your home may be repossessed if you do not keep up repayments on your mortgage.

For mortgages we can be paid by commission from the lender, or you may choose to pay a fee, usually 0.5% of the loan.

Before giving you a mortgage, the lender will get the property valued.

The valuation helps the lender, but you may want more information from a home buyer's survey. This is a more detailed inspection of the state of the property.

You might want to get, or the lender may require, a full structural survey. This tells you whether the property is sound or whether major repairs are needed. A full structural survey should be carried out by a qualified and independent surveyor.

If you want to use a surveyor or valuer who is a member of a professional association look for the letters ARICS or FRICS or get details of members through the Royal Institution of Chartered Surveyors.

If you are buying a flat, you will probably be partly responsible for the upkeep of common parts of the building, such as stairways, roof and garden. Ask your surveyor to check the whole building as well as the flat. Does the building need, or has it recently had, major repairs such as redecoration, or a new roof or a lift? If so, will you have to pay a share of the costs?

The cost of a home buyer's survey and valuation or a full structural survey will normally be based on the value of the property.

You can do the legal side of buying a property yourself. There are books on do-it-yourself conveyancing in your local library. But unless you are really confident you know what you are doing, it is best to leave this to the professionals.

Legal advisers know the problems that can arise, can ask the right questions and are insured against making mistakes.

Fees vary and it pays to shop around. The estate agent may be able to recommend a legal adviser.

Do not use the same legal adviser as the seller.