Buying or selling property in Scotland? Here’s what you need to know about missives
Scott Rasmusen from the property team at Gibson Kerr puts the Scottish housing market under the spotlight and explains some crucial steps and the timeline.
If you're buying or selling a home in Scotland, you'll likely hear your solicitor talk about “missives.” Few people know what this actually means, but missives are a crucial part of how property sales are done here, and understanding how they work can help you feel more confident about the process.
So what exactly are missives, and why do they matter so much in Scottish property transactions?
What are missives?
Missives are a series of formal letters exchanged between the buyer’s and seller’s solicitors. These letters set out the offer, the terms and conditions of the sale, and any changes that either side wants to make. Once both sides are satisfied and all terms are agreed upon, the missives form a binding legal contract.
It’s a process that’s unique to the Scottish legal system, and while it may seem formal, it’s designed to give both parties clarity, certainty, and protection.
Here’s how a typical missive process unfolds:
The offer
The buyer’s solicitor sends a written offer to the seller’s solicitor. This includes the proposed purchase price, the date the buyer wants to move in (known as the “date of entry”), and any special conditions – for example, that the offer depends on securing a mortgage. Most offers also include a set of standard terms known as the Scottish Standard Clauses (Edition 6), which are widely used in property sales.
Acceptance or qualified acceptance
The seller’s solicitor replies. They may accept the offer as it stands, but more often, they’ll issue what’s called a qualified acceptance – agreeing to the offer but suggesting changes to certain terms.
Back and forth negotiation
A few more letters may be exchanged as both parties negotiate final details. These can include things like what’s included in the sale (such as appliances or light fittings), whether any repairs are needed, or other conditions specific to the property.
Conclusion of missives
Once both sides agree on everything, the seller’s solicitor issues a final acceptance letter. At this point, the missives are “concluded” – and that means a binding legal contract is in place. From this point on, neither side can walk away without serious consequences.
Why missives matter
They make the deal official: Once the missives are concluded, the deal is legally binding. This gives both buyer and seller peace of mind that the sale is going ahead.
They provide clarity: Everything is written down and agreed in advance, so there’s less chance of misunderstanding or disputes later.
They allow for negotiation: Because the process involves back-and-forth letters, it gives both parties a chance to fine-tune the deal before it’s locked in.
A few key things to keep in mind
Timing is important; the quicker the missives are concluded, the sooner everyone can move forward with confidence. Delays can sometimes cause complications – for example, if a mortgage offer expires or a seller changes their mind.
Offers can be conditional, and any offers depend on things like getting a mortgage approved, receiving a satisfactory survey, or the seller agreeing to carry out certain repairs.
Either side can walk away at any point until the missives are concluded. But once they are, the contract is binding and must be followed through.
A legal perspective
Missives are at the heart of the Scottish property buying and selling process. While they may seem like a formality, they’re there to protect both sides and ensure the deal is crystal clear before it becomes legally binding.
If you’re thinking about buying or selling a property in Scotland, it’s well worth having a basic understanding of how missives work. And by working with a trusted solicitor who knows the ins and outs of Scottish conveyancing, you’ll be in a strong position to make informed decisions and get the best possible outcome.
Whether you're a first-time buyer or a seasoned investor, knowing what to expect from the missive process can help take some of the stress out of moving and make the journey to your new home a smoother one. If you want to speak to someone about buying or selling a property, our expert legal team is happy to help. Call 0131 226 9167 or email [email protected] or visit gibsonkerr.co.uk