Buying a home is exciting — but if you’ve never bought in Scotland before, the process can seem unfamiliar.
Whether you’re moving from elsewhere in the UK or buying your first home altogether, this guide explains how it all works: from what makes the Scottish system different, to the key steps in the legal process.
You don’t need to know every detail — that’s what we’re here for — but it helps to understand what happens when, and why the right advice early on can save time, stress, and cost later.
What Makes the Scottish System Different?
In Scotland, a sale does not become legally binding until both parties’ solicitors have concluded a series of formal letters known as missives. Until that point, either side can still withdraw from the deal.
Once missives are concluded, however, the contract is binding — there are no last-minute changes or withdrawals.
This is one of the key differences from the English system, where properties can remain on the market and fall through even after a verbal offer is accepted.
Here’s what else is different in Scotland:
- You need a Scottish solicitor to submit a formal written offer
- The seller must provide a Home Report, so you usually don’t need your own survey upfront
- There is no “exchange of contracts” — the deal becomes binding once missives are concluded
- A verbal offer doesn’t secure the property — it stays on the market until your solicitor’s written offer is accepted
It’s a system that provides more certainty for both buyers and sellers, earlier in the process.
At Hastings Legal, our sales and legal teams work together from day one — helping resolve issues early and keeping your purchase on track.
The Buying Process: Step by Step
1. Choose a solicitor early
You will need a solicitor licensed to practise in Scotland before making an offer. It’s best to speak to one before arranging viewings, so you’re ready to act quickly when the right property appears.
2. Get your finances in place
Most sellers expect buyers to have either a mortgage Agreement in Principle or proof of funds in place. A clear financial position helps your solicitor submit a stronger offer and improves your chances of success.
3. Review the Home Report
Most properties for sale in Scotland must have a Home Report. This includes a survey, energy rating, and professional valuation.
Hastings Legal works with accredited chartered surveyors whose reports are usually accepted by mortgage lenders, helping avoid delays.
4. Note interest (optional)
Not ready to offer, but want to stay informed? Your solicitor can note interest with the seller’s agent. This usually means you’ll be notified if a closing date is set — but it does not guarantee a chance to offer.
Sellers may still accept another offer at any time, although most will inform all noted parties first.
A full Note of Interest guide is coming soon.
5. Make a formal offer
Your solicitor will submit a written offer including:
- The price you are offering
- Any conditions (e.g. subject to mortgage or sale of your current property)
- A proposed entry date (the day you get the keys)
Verbal offers or informal agreements do not remove a property from the market. Only a formal written offer submitted by a Scottish solicitor — and accepted in writing by the seller — can do that.
Hastings Legal offers a No Key, No Fee policy. If your offer does not proceed to settlement, we do not charge legal fees for the work carried out — giving you confidence to offer without added risk.
6. Conclude missives
After your offer is accepted, solicitors for both parties negotiate and agree the terms of the sale via formal letters. Once both sides are satisfied, the missives are concluded and the deal is legally binding.
Your solicitor will also carry out legal checks, including:
- Reviewing the title deeds
- Ordering legal and property searches
- Raising questions about boundaries, access rights, or other conditions
- Checking for planning or legal issues affecting the property
A full Title Deeds guide will be linked here once available.
7. Prepare for settlement
With missives concluded, your solicitor prepares for completion — known in Scotland as settlement. They will:
- Confirm and request mortgage funds (if applicable)
- Handle any outstanding conditions
- Prepare all transfer documents for signing
- Agree final timings with the seller’s solicitor
8. Settlement and keys
On the day of settlement, funds are transferred, the title is registered in your name, and the keys are released. The property is now legally yours.
Why Buyers Choose Hastings Legal
At Hastings Legal, we provide integrated property and legal services — meaning your solicitor and estate agency team work together throughout the process.
Whether you’re just starting to look or ready to offer, our team is here to guide you through the steps, resolve issues early, and help you move forward with confidence.
To speak to a solicitor, call Hastings Legal on 01573 226999.
