A Guide for Cross-Border Movers and Returning Scots
If you’re selling a property in England and planning to buy in Scotland, it’s important to understand how the legal process differs — especially around contract timing, solicitor roles, and when you become legally committed.
At Hastings Legal, we regularly support clients relocating to the Scottish Borders. This guide outlines the key differences between the English and Scottish systems and explains what steps to take to keep both transactions running smoothly.
What’s Different About Buying Property in Scotland?
When Does It Become Legally Binding?
- England: You are not legally bound until exchange of contracts.
- Scotland: The contract becomes binding earlier — at conclusion of missives.
Can Either Party Pull Out?
- England: Either party can withdraw at any time before exchange.
- Scotland: Either party can withdraw before missives are concluded, but not after.
When Is the Moving Date Agreed?
- England: Usually set at the point of exchange.
- Scotland: Often agreed earlier and fixed in the missives — sometimes weeks or months in advance.
Do I Need Separate Solicitors?
Yes. You’ll need:
- An English solicitor to handle your sale
- A Scottish solicitor to manage your purchase
The two transactions are legally separate, so you will need a solicitor qualified in each system.
Why Timing Matters
If you are relying on the proceeds from your English sale to fund your Scottish purchase, it is essential not to conclude missives in Scotland before your English property has exchanged.
Doing so could leave you legally bound to buy in Scotland without guaranteed funds — putting you at risk of breaching the contract and incurring financial penalties.
Aligning Dates Between Two Legal Systems
In Scotland, missives can conclude well in advance of the Date of Entry (completion), giving you time to plan. In England, exchange and completion are often much closer together — sometimes just a few days apart.
At Hastings Legal, we coordinate with your English solicitor to:
- Confirm likely exchange and completion dates
- Set expectations with the Scottish seller
- Avoid unnecessary delays or risks
What We’ll Need to Know
To keep your purchase aligned with your sale, we will ask for:
- Your anticipated exchange date in England
- Your preferred Date of Entry in Scotland
- Contact details for your English solicitor
This allows us to coordinate both sides and help reduce stress at a key stage in the process.
Need Help with a Move from England to Scotland?
We’d be happy to advise you on legal timing, solicitor coordination, and how to make the process as smooth as possible.
Call Hastings Legal on 01573 226999 or email enq@hastingslegal.co.uk to get started.
