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Scotland

Buying a home

Making an offer

When you're ready to make an offer, your solicitor will need to submit it for you.

If you're not sure how much to offer, your solicitor can tell you what similar properties in the area have sold for.

Submitting a note of interest

If you’re interested in a property but not ready to make an offer, your solicitor can submit a note of interest. This means you’ll have a chance to make an offer before it’s sold.

How to make an offer

Tell your solicitor:

  • how much your offer is

  • when you'd like to move in

  • any conditions of the sale, such as the outcome of a survey

Your solicitor will submit a written offer to the seller's solicitor.

The seller can decide to accept or reject your offer.

They can also decide to go to a closing date. This is a deadline for anyone who wants to make an offer. The seller will then consider all the offers before deciding which one to accept.

Your solicitor will tell you if your offer has been accepted.

If your offer is accepted

Tell your mortgage adviser or mortgage lender as soon as the offer is accepted so you can apply for a mortgage or get your mortgage approved.

You might need to get buildings insurance for the move-in date to get your mortgage approved.

Checking the title deeds

Your solicitor will check the title deeds. These are legal documents that show:

  • who legally owns the home

  • the boundaries of the home

  • any responsibilities the owner has, called burdens

Burdens include things like:

  • what shared areas you're responsible for

  • whether you have to repair or maintain shared areas

  • what access rights you have, such as if you own any paths or roads leading to the property

  • if there’s restrictions on making alterations to the property

Your solicitor will make sure there’s nothing in the title deeds that will cause you problems. If there are, you may be able to withdraw your offer.

If you're buying a home with someone else

Your solicitor can help you decide who will own the home or if you'll share ownership.

They can also write a legal agreement saying what happens if:

  • your relationship ends

  • one of you wants to move out

  • one of you dies

Finalising the sale

Your solicitor will negotiate any conditions of the purchase by exchanging letters with the seller’s solicitor. These are sometimes called missives.

You and the seller will need to agree on the move-in date and any items that are included in the purchase, such as furniture or white goods.

To finalise the sale, you’ll both need to sign a contract called the concluding missive.

If you want to withdraw your offer

You or the seller can withdraw until the concluding missive has been signed.

Once you've both signed the concluding missive, the contract is legally binding, and there are likely to be financial penalties if you withdraw. The same applies to the seller.

Speak to your solicitor. They’ll tell you about any penalties you might face and help you negotiate with the seller.

Last updated: 25 July 2024

Housing laws differ between Scotland and England.

This content applies to Scotland only.

Get advice if you're in England