When selling a property in Scotland, many people assume that once the estate agent says, “We’ve accepted the offer,” the deal is done.
But legally, that’s not what makes the contract binding.
Scottish property law works differently from the rest of the UK — and understanding who actually accepts an offer can prevent confusion later.
The Estate Agent's Role
An estate agent negotiates the offer.
We:
Discuss price and terms with the buyer
Confirm whether the seller is willing to proceed
Communicate acceptance verbally
However, this verbal acceptance is not legally binding.
It is always subject to formal written missives.
The Solicitor’s Role in Accepting an Offer
In Scotland, the legally binding contract is formed through missives — formal letters exchanged between the buyer’s and seller’s solicitors.
This means:
The buyer submits a formal written offer to the seller’s solicitor.
The seller’s solicitor reviews the full terms and any additional clauses.
The solicitor confirms instructions with their client.
The solicitor issues a formal written acceptance (or qualified acceptance).
Only when missives are concluded does the contract become legally binding.
Why This Matters
A formal written offer may contain additional conditions that were not discussed during verbal negotiations.
If those terms are accepted in writing and missives are concluded, they become part of the binding contract.
That’s why the solicitor’s review stage is so important in Scottish conveyancing.
Ultimately, Scottish conveyancing is designed to protect both parties.
Verbal discussions move things forward — but it’s the formal written acceptance between solicitors that creates certainty and legal protection.
Understanding that distinction makes the whole process feel far less confusing.
Written by Lorraine
