Condition 4 of the Scottish Standard Clauses - potential conflict of interest

[EnlightenMe]

The vendor has removed condition 4 of the Scottish Standard Clauses due to it being an estate sale. I understand this is relatively normal for an estate sale as the vendor doesn't necessarily know much about the property. I also understand that it's quite an important condition for the purchaser as it gives me a few days to make sure the systems and appliances are of good working nature. The vendor won't budge on this, but has granted me an engineer visit, so that we can check over the systems. Should I be okay with this? Will an engineer visit cover everything in condition 4?

And given that the vendor decided to use the same legal firm as me, I'm a little worried that I might not be getting the best advice from my conveyancer due to the potential for a conflict of interest. I'm a tad hesitant to go to another firm at this stage because it'll mean more legal fees and more fees is not what I need right now. That said, in the event a conflict of interest arises, do both the vendor and purchaser have to go to another legal firm?

[Kati]

ScottishSolicitor ??

[ScottishSolicitor]

ScottishSolicitor ??

I am afraid that I am not a conveyancer but if you are in doubt I would speak to an independent solicitor about this.

[EnlightenMe]

I am afraid that I am not a conveyancer but if you are in doubt I would speak to an independent solicitor about this.

Thanks. I was hoping it wouldn't come to that, but it's probably for the best.

[Kati]

Have you read this EnlightenMe ??

https://www.morton-fraser.com/knowle...ost-settlement

[EnlightenMe]

Have you read this EnlightenMe ??

https://www.morton-fraser.com/knowle...ost-settlement

No I hadn't seen that, thanks for sharing. In a way I'm probably better off having the engineer visit now rather than after conclusion of missives as it would be harder to chase anything up afterwards.

I guess it's a bit of a grey area when it comes to an estate sale. That said, as mentioned in the article, it's my opinion that if the vendor chooses to advertise the house as having a heating system, it really should be in good working condition.