How does the Scottish property legal system work?
First of all, you can’t make an “offer” by yourself on a property in Scotland, like you can in England and Wales. You must use a Scottish solicitor to make an offer on your behalf, via the estate agent. If the offer is accepted, the seller’s solicitor sends back an acceptance contract. Then both parties are bound by the sale. Only at this stage is the Scottish property put “UNDER OFFER”. After the Scottish property is under offer and the “Missives are concluded” (similar to exchange of contracts in England) both parties are in a legally binding contract. Withdrawal will incur a hefty compensation bill, possibly running into many thousands of pounds. Also once missives are completed, you’re legally responsible for the structure of the property. You’ll want to make sure you have adequate property insurance in place. What this means is that you can’t just put an offer on a Scottish property yourself. You have to instruct a solicitor based in Scotland to do it on your behalf. You also need
