buy a house
Buying in Scotland works differently from England in one respect that matters more than all the others: you become legally bound much earlier, and gazumping is largely designed out of the system.
The short version
Offers are made through a solicitor, in writing. The negotiation happens through formal letters called missives, and once missives are concluded the contract is binding on both sides. Every property for sale must have a Home Report, prepared for the seller and available to you before you offer.
The Home Report
Three documents, provided by the seller and free to you: a single survey with a valuation, an energy report, and a property questionnaire covering things like council tax band, alterations and any history of flooding.
This is a considerable advantage over the English system. You know the surveyor’s valuation before you commit, and you are not paying for a survey on a property you may not get. Read the single survey properly rather than skipping to the valuation — the repair categories are where the money is.
Offers over, fixed price, and closing dates
At a closing date you get one attempt. There is no auction and no second round, and the highest offer does not automatically win — the seller may prefer a lower offer with a better date of entry or fewer conditions.
Missives, and the moment you are committed
Your solicitor sends a formal written offer. The seller’s solicitor replies with a qualified acceptance altering the terms. Letters pass back and forth until everything is agreed, and when the last letter is issued missives are concluded.
At that point you have a binding contract. You cannot walk away without serious consequences, and neither can the seller. This is why Scotland does not have the English problem of buyers being gazumped weeks into the process — but it also means you must have your finance in place and be sure before your solicitor concludes.
Do not let missives conclude before your mortgage is confirmed
A mortgage offer in principle is not a mortgage. Tell your solicitor exactly where your funding stands, because once missives are concluded you are committed whether or not the money arrives.
After missives
Your solicitor examines the title, raises any remaining questions, and prepares the disposition transferring ownership. On the date of entry the funds are transferred, you get the keys, and the transfer is registered in the Land Register. Land and Buildings Transaction Tax is paid at that stage where it is due, with additional dwelling supplement if this is not your only property.
What it costs
The solicitor’s fee, usually quoted as a fixed conveyancing fee, plus outlays: searches, registration dues and the tax. Ask for a written quotation showing the fee and the outlays separately, because a low headline fee with heavy outlays is not a bargain.
Common questions
Do I need a solicitor to make an offer?
Can I be gazumped?
What if the survey shows problems?
Can the same solicitor act for me and the seller?
A note on this page
This is general information about how the law works in Scotland. It is not advice about your situation and it cannot be, because we do not know your circumstances. Nothing here should be relied on as a substitute for speaking to a solicitor about your own case.
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