Moving from England to Scotland to Buy a House? Here’s What You Need to Know

If you’re buying a home in Scotland while selling property in England, it’s important to understand how the two legal systems differ — especially when it comes to timing and when you are legally committed.

At Hastings Legal, we regularly assist clients making this cross-border move. With the right guidance, your sale and purchase can be aligned to avoid delays, penalties, or last-minute stress.

Why You Need a Scottish Solicitor When Buying in Scotland

Scottish property law differs significantly from English law. If you are purchasing a home in Scotland, you must instruct a Scottish solicitor to carry out your conveyancing.

If you are also selling a property in England, you will need an English solicitor for that transaction. This means you may have two solicitors working in parallel — one in each legal system.

Handled well, this is straightforward. At Hastings Legal, we coordinate closely with your English solicitor to keep both transactions moving together.
(Internal link prompt: link “Scottish solicitor” to Conveyancing Services page)

Key Difference: When Do Contracts Become Legally Binding?

One of the biggest differences between the two systems is when the contract becomes binding:

• England: At exchange of contracts. Before exchange, either party can withdraw without penalty. After exchange, backing out can lead to significant costs. Completion — when you get the keys — usually follows within days.
• Scotland: At conclusion of missives. Before conclusion, either party can withdraw. After conclusion, both parties are legally bound. Importantly, the Date of Entry (completion) is usually agreed as part of the offer and written into the contract. It may be weeks or months after missives conclude.
  (Internal link prompt: link “conclusion of missives” and “Date of Entry” to relevant glossary/guide)

Why This Matters for Cross-Border Buyers

If you are funding your Scottish purchase with proceeds from your English sale, you should not conclude missives in Scotland until you have exchanged contracts in England.

Otherwise, you risk being contractually bound to buy in Scotland without having completed your English sale — potentially exposing yourself to serious financial consequences.

Managing the Timing Differences

In Scotland, sellers often expect missives to be concluded well before the Date of Entry. This longer lead-time can be unfamiliar for buyers from England, where exchange and completion are closer together.

At Hastings Legal, we:

• Contact your English solicitor early in the process.
• Confirm expected exchange and completion dates.
• Keep all parties updated to align the transactions and avoid last-minute surprises.

What to Tell Your Scottish Solicitor

To keep your move on track, provide:

• Your anticipated exchange of contracts date in England.
• Your preferred Date of Entry for your Scottish purchase.
• Your English solicitor’s contact details.

This allows us to coordinate directly and keep your sale and purchase running smoothly.e Scottish conveyancing process.