FAQs: Expert Legal Guidance from Matheson Lawson
Buying a Property in Scotland
What’s the first step in buying a home?
The first thing to do is ask your solicitor to “note interest” with the seller’s solicitor. This lets them know you’re serious and ensures you’ll be kept informed if a closing date is set.
What’s a Home Report?
A Home Report is a pack of documents provided by the seller, including a Property Questionnaire, Single Survey, and Energy Report. It gives you a clear idea of the property’s condition and value before you decide to make an offer.
How do I make an offer?
Once you’ve reviewed the Home Report and you're happy to proceed, we’ll submit a formal written offer on your behalf. If several people are interested, the seller may set a closing date for offers.
What happens when my offer is accepted?
That’s when the legal work (known as conveyancing) begins. We’ll negotiate the contract terms with the seller’s solicitor and carry out all necessary checks on the title and property.
When does the purchase become legally binding?
Once the contract — known as the “missives” — is fully agreed and concluded, the deal is legally binding for both sides.
When do I get the keys?
On the agreed “date of entry,” we’ll transfer the purchase funds and the keys will be released to you — congratulations, you’re officially a homeowner!
Selling a Property in Scotland
What do I need before putting my property on the market?
You’ll need a Home Report prepared by a surveyor. We recommend contacting us early so we can check your title deeds and prepare everything needed for a smooth sale.
Do I need a solicitor to sell my home?
Yes — we’ll handle the legal work, including issuing the contract, answering the buyer’s questions, and making sure the sale completes safely and on time.
What are ‘missives’?
Missives are a series of formal letters exchanged between the solicitors. Together, they make up the legal contract for the sale. Once concluded, the contract is binding.
When do I hand over the keys?
You’ll hand over the keys on the date of entry — once we’ve received the full purchase funds from the buyer.
General Questions
How long does the conveyancing process take?
Every transaction is different, but most purchases and sales complete within 6 to 8 weeks from the date an offer is accepted. We’ll keep you updated throughout.
Will I need to pay Land and Buildings Transaction Tax (LBTT)?
If you're buying a property above a certain value, LBTT will apply. We’ll calculate this for you and take care of submitting the return. First-time buyers may be eligible for relief.
Can I sell before buying — or buy before selling?
It’s possible, but it needs careful planning. We can talk you through options like bridging loans or making an offer that’s conditional on selling your current property.
