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Missives are the exchange of formal letters between solicitors that creates a legally binding contract for a property sale in Scotland. Once missives are concluded, neither party can withdraw without severe financial penalties. This is the Scottish equivalent of 'exchange of contracts' in England — but in Scotland, the solicitor handles the entire process from day one.
Missives are central to how Scottish property law works, and understanding them clarifies why the Scottish buying process feels different from England's.
What missives are. Missives (from the Latin "mittere," to send) are formal written letters exchanged between the buyer's solicitor and the seller's solicitor. The buyer's solicitor makes an offer in writing; the seller's solicitor accepts or responds with qualifications; the process continues until all terms are agreed. When both sides accept all terms without qualification, missives are "concluded" — and the contract becomes legally binding.
The binding moment. In England, the binding moment is "exchange of contracts" — a single event where both parties simultaneously sign and swap a contract. In Scotland, there is no single moment — instead, missives are concluded when the final letter of acceptance is received with no outstanding qualifications. The date of conclusion is typically confirmed in writing by both solicitors.
Before missives are concluded: the risk of gazumping. Unlike England, Scotland has traditionally been less prone to "gazumping" (a seller accepting a higher offer after accepting yours), but it is not illegal. Until missives are concluded, either party can withdraw without liability. This is different from England post-exchange, where withdrawal incurs financial penalties.
Typical content of missives. Missives cover: the purchase price, the settlement date (date of entry), the condition and contents included, any suspensive conditions (such as mortgage approval or satisfactory survey), and Title conditions (checked through the seller's Title deeds).
After missives are concluded. Both parties are legally bound. Withdrawing after conclusion can result in claims for damages including the other party's legal fees and any losses arising from the breach. In practice, withdrawal post-conclusion is very rare.
Why it takes time. The missives process can take weeks. Common delays include: mortgage approval taking time, suspensive conditions requiring resolution, title issues requiring legal investigation, and negotiations over fixtures and fittings. Your solicitor handles all of this — you don't draft or sign anything personally.
Settlement (completion) follows conclusion. Once missives are concluded and the mortgage offer is received, the solicitor prepares for settlement — the date on which you receive the keys and take legal ownership of the property.
Typically 4–8 weeks from the initial offer being accepted, though this varies significantly. Mortgage approval is often the critical path — most lenders take 2–4 weeks to issue a formal mortgage offer after surveyor and underwriting checks. Complex title issues, suspensive conditions, or slow solicitors can extend the process. Ask your solicitor for a realistic timeline at the outset.
You can withdraw, but you risk a claim for damages from the other party. The seller could sue for the difference between your agreed price and a lower subsequent sale price, plus their solicitor's costs and any other losses. In practice, withdrawal post-conclusion is treated very seriously and should only happen in genuine extraordinary circumstances. Never conclude missives without being certain you want to proceed.
A suspensive condition is a condition that must be satisfied for missives to become binding. The most common is a finance condition: missives are concluded 'subject to satisfactory mortgage approval.' If your lender refuses the mortgage, the suspensive condition is not met, missives don't conclude, and you withdraw without penalty. Some buyers also include a satisfactory survey condition. Your solicitor will advise which conditions to include.