Buying a home in Scotland works a little differently than in other parts of the UK. This short guide explains what to expect and how Hastings Legal can help you get it right from the start.
Understanding the Scottish System
In Scotland, a property purchase becomes legally binding when the buyer’s and seller’s solicitors agree and exchange a series of letters called missives. Until then, either side can still walk away. Once missives are concluded, the deal is final — so early legal advice is essential.
Key Points to Know
• All offers must be made in writing by a Scottish solicitor.
• You’ll usually see a Home Report before offering. This includes a survey, valuation, and energy rating.
• A verbal offer isn’t enough to take a property off the market.
• There’s no “exchange of contracts” — the deal becomes binding once missives are agreed.
The Buying Process
1. Get a solicitor on board early
It’s best to speak to a solicitor at the beginning of your move. Hastings Legal offer free initial advice and a clear cost estimate, including Land and Buildings Transaction Tax (LBTT) and any Additional Dwelling Supplement (ADS).
2. Sort out your finances
A mortgage Agreement in Principle (or proof of funds) shows sellers you’re serious and ready to proceed.
3. Check the Home Report
This report is prepared by a qualified surveyor and is accepted by most lenders. It gives you a good overview of the property’s condition and value.
4. Note interest (optional)
Not ready to offer? Your solicitor can note interest so you’re notified of any closing date. But sellers can still accept a strong offer at any time — especially from cash buyers or those with nothing to sell.
5. Make a formal offer
Your solicitor will prepare and submit a written offer. If it’s accepted, the property is usually taken off the market while legal work begins.
6. Conclude missives
Your solicitor negotiates the contract terms with the seller’s solicitor. Once agreed, the contract is binding. We also handle all title checks and coordinate with your lender.
7. Complete the purchase
On the agreed date, money changes hands, keys are handed over, and you become the legal owner.
Why Choose Hastings Legal?
Because we’re both solicitors and estate agents, we offer a joined-up service that keeps things simple. Our No Key, No Fee policy means you won’t pay legal fees if the seller pulls out before missives are concluded.
Need advice or ready to get started?
Contact Hastings Legal to take the stress out of buying and make your next move with confidence.
