Found a property you love? Before your solicitor can submit a formal offer, there are a number of important steps you need to take. From ensuring your finances are in order to understanding how closing dates work, being well prepared can make the difference between securing your new home and missing out. In this article, Wallace Quinn explains how the offer process works when buying a house in Scotland and what you need to have in place before instructing your solicitor to act.
The process of making an offer on a property in Scotland is distinct from the rest of the UK. There is no system of sealed contracts exchanged simultaneously between solicitors. Instead, offers are submitted in writing by your solicitor, and the terms of the sale are then negotiated through a series of formal letters known as missives. Understanding how this works will help you move quickly and confidently when the right property comes along.
Whether you are a first-time buyer stepping onto the property ladder or an experienced homeowner looking to move, the steps you take before making an offer are just as important as the offer itself. This guide walks you through the key stages and includes answers to frequently asked questions about making an offer on a house in Scotland.
Get Your Finances in Order First
Before you even think about submitting an offer, you need to know what you can afford. If you require a mortgage, speak to a lender or an independent financial adviser and secure an Agreement in Principle. This confirms how much you are likely to be able to borrow and signals to sellers and estate agents that you are a serious buyer.
If you are a cash buyer, you will still need to demonstrate that your funds are available. Your solicitor will carry out anti-money laundering checks, which means providing proof of identity and evidence of where your funds have come from. If a family member is gifting you money towards the purchase, their identity and source of funds will also need to be verified.
Getting this sorted in advance avoids unnecessary delays once you find the property you want.
Review the Home Report
In Scotland, most residential properties must have a Home Report before being marketed. This includes a Single Survey and valuation, an Energy Performance Certificate and a Property Questionnaire completed by the seller. You should review the Home Report carefully before deciding to make an offer.
Pay particular attention to the condition ratings. Category 3 items require urgent repair, while Category 2 items may need attention in the near future. These findings will help you assess the true cost of the property and decide whether the asking price reflects its condition. If the Home Report flags significant concerns, you may want to commission an independent survey before proceeding.
Note Your Interest
If you are seriously considering a property, ask your solicitor to formally note your interest with the selling agent. This does not commit you to making an offer, but it ensures the agent must notify your solicitor if a closing date is set or another offer is received. Without this step, you risk missing the opportunity entirely.
Understand the Offer Process
In Scotland, all formal offers must be made in writing by a solicitor. You cannot submit an offer yourself or through the estate agent. When you are ready, instruct your solicitor and they will prepare and submit the offer on your behalf.
Your offer will typically include the price you are willing to pay, your proposed date of entry, any items you would like included in the sale (such as white goods or garden structures) and any special conditions. Your solicitor will advise on the terms and help you submit the strongest possible offer.
Closing Dates
Where there is strong interest in a property, the seller may set a closing date. All prospective buyers must submit their best and final offer by a specified date and time. The seller then reviews the offers and decides which to accept. Price is usually the most important factor, but the seller may also consider your proposed date of entry, your funding position and whether your purchase depends on the sale of another property.
If no closing date has been set, you can submit an offer at any time. In some cases, the seller may accept an early offer, particularly if it is strong and the buyer is in a good position to proceed.
What Happens After Your Offer Is Submitted
Once the seller verbally accepts your offer, the real legal work begins. Your solicitor and the seller’s solicitor will exchange a series of formal letters known as missives, which set out and negotiate the detailed terms of the contract. Once both parties agree on all the terms, missives are concluded and the contract becomes legally binding. You can read more about how this works in our guide, Understanding Missives in Scottish Property Transactions.
Until missives are concluded, either party can walk away without penalty. This is why being prepared and responsive throughout the process matters.
Your Checklist Before Making an Offer
To give yourself the best chance of success, make sure you have the following in place before instructing your solicitor to submit an offer:
- An Agreement in Principle from your mortgage lender, or evidence of available funds if you are a cash buyer
- Proof of identity and source of funds for anti-money laundering checks
- A thorough review of the Home Report, including the condition ratings and valuation
- A clear idea of your offer price, proposed date of entry and any items to include
- Your solicitor formally noting interest with the selling agent
Frequently Asked Questions: Making an Offer on a House in Scotland
Q: Do I need a solicitor to make an offer on a property in Scotland?
A: Yes. In Scotland, all formal offers to purchase property must be submitted in writing by a solicitor. You cannot make a binding offer directly to the seller or through the estate agent.
Q: What is an Agreement in Principle and do I need one before making an offer?
A: An Agreement in Principle is a statement from a mortgage lender confirming how much they are likely to lend you. While not a binding commitment, it demonstrates to sellers and agents that you are a credible buyer and helps your solicitor move quickly when an offer is needed.
Q: What does it mean to note interest in a property?
A: Noting interest is when your solicitor informs the selling agent that you are considering making an offer. It does not commit you to buying, but it ensures you are notified if a closing date is set or another offer comes in.
Q: What is a closing date?
A: A closing date is a deadline set by the seller when there is strong interest in a property. All prospective buyers must submit their best and final offer by a specified date and time. The seller then decides which offer to accept.
Q: Can I offer below the Home Report valuation?
A: You can offer any amount you choose. However, in a competitive market, many properties sell at or above the Home Report valuation. Your solicitor can advise on an appropriate offer based on the property, the level of interest and current market conditions.
Q: What happens if my offer is not accepted?
A: If your offer is not accepted, you are free to continue your property search. There is no financial penalty for an unsuccessful offer. Your solicitor can advise on next steps and help you refine your approach for future offers.
Q: Can I pull out after my offer is accepted?
A: Until missives are concluded, either party can withdraw without penalty. Once missives are concluded, the contract is legally binding and pulling out could have serious financial consequences.
Q: What are missives?
A: Missives are the formal letters exchanged between the buyer’s and seller’s solicitors that together form the legally binding contract for the property sale. You can read more in our guide, Understanding Missives in Scottish Property Transactions.
Ready to Make an Offer?
At Wallace Quinn, we guide buyers through every stage of the purchase process. Our experienced conveyancing team will ensure your offer is properly prepared, your interests are protected and your transaction moves forward smoothly.
With offices in Glasgow, Livingston and Bathgate (The Conveyancing Practice), we are well placed to support buyers across the central belt and beyond. Get in touch with Wallace Quinn today and let us help you take the next step towards your new home.