Buying a property in Scotland: The legal process

Embarking on the journey of buying a property in Scotland involves navigating the legal intricacies of conveyancing. Here’s a breakdown of the essential stages to guide you through the process:

1. Making an offer

Your solicitor initiates the process of buying a property in Scotland by drafting a formal written offer to the seller’s solicitor. This offer includes crucial details such as the purchaser’s name, property address, price, date of entry, and legal terms. It normally also includes a time limit for acceptance.

2. Accepting the offer

Upon receiving the offer, the seller’s solicitor responds with a Qualified Acceptance, proposing amendments to certain offer conditions. They also provide title deeds and relevant documents for examination by the buyer’s solicitor.

At this stage it is important to be working on getting your mortgage approved. We’d always recommend having a decision in principle as soon as you start your house hunt. This can make the mortgage application process run more quickly and smoothly.

3. Concluding the missives

Once both solicitors agree on the contract terms, known as the conclusion of missives, the buyer’s solicitor requests mortgage funds, if applicable. The buyer transfers any additional funds, such as the deposit, to a specified account before the Date of Entry.

4. Date of entry

On the agreed Date of Entry, the buyer’s solicitor will pay the agreed amount to the seller’s solicitor. The selling solicitor will also provide paperwork to the buyer’s solicitor on this day. Once both solicitors confirm the completion of paperwork and fund transfer, the transaction concludes, marking the official move-in or move-out date.

5. After date of entry

Following the Date of Entry, your solicitor finalises remaining paperwork, notifies Land Registers of the ownership change, and settles any applicable Land and Buildings Transaction Tax. This marks the culmination of the property purchase process, securing your ownership rights.

Ready to take your first step? With a network of 27 solicitor estate agents, TSPC have you covered. Explore our network of solicitor firms here.