To sell a home in Scotland you will normally provide a Home Report, choose an agent or solicitor, set a price, and then handle offers through solicitors. A sale is not binding until missives are concluded, and you hand over the keys on the date of entry. Citizens Advice Scotland says you can pick any offer, not necessarily the highest, and you must use a solicitor for the legal work even if you use an estate agent.
Before you list
- Home Report: most houses and flats need one, and it must be no more than three months old when the property goes on the market. It has a single survey, an energy report and a property questionnaire. The seller is responsible for it unless the duty has been passed to an agent. See the Home Report explained.
- EPC: it is free to provide, and its information must appear in any advert. The council can fine you £500 if you do not provide one.
- Solicitor and agent quotes: get written quotes from two or three firms and check whether the fee covers the Home Report, valuation, advertising, a 'for sale' sign, VAT and viewings. Estate agents must belong to an approved redress scheme.
- Paperwork: gather guarantees and certificates for alterations, since buyers will ask.
Citizens Advice Scotland advises that selling yourself is best only if you know the market or already have an interested buyer. It warns that quick-sale companies may cut offers late, be unclear about who the buyer is, or not show they have the funds.
Setting the asking price
Properties are advertised either at 'offers over' a figure or at a fixed price. 'Offers over' invites competition, and buyers read the figure as a floor. The Home Report valuation is a reference point rather than a ceiling: if you price well above it, buyers whose lenders value the home lower may struggle to complete. Ask your agent for recent sold prices of comparable homes rather than just asking prices, and agree a strategy for what you will do if interest is weak, such as when to review the price.
| Approach | How it works | Trade-off |
|---|---|---|
| 'Offers over' | Buyers bid at or above the figure; a closing date may follow | Can attract several bids, but the final price depends on demand and valuation |
| Fixed price | A set figure, offers considered at that level | Clearer for buyers, but little room for competitive bidding |
Offers, closing dates and missives
If several buyers are interested, a closing date may be set. Offers come in through solicitors, and you decide which to accept. Price matters, but so do entry date, conditions and how secure the buyer's funding looks. Once you accept, solicitors negotiate the remaining terms in writing. The sale becomes binding only when missives are concluded, after which backing out means paying compensation. How buying a home in Scotland works shows the same steps from the buyer's side.
A verbal acceptance is usually followed by a written qualified acceptance, and the terms in that letter can matter. Take your solicitor's advice before you accept anything.
Date of entry and getting paid
On the date of entry you must have left the property and handed over the keys. Your solicitor delivers the disposition that transfers ownership, repays any outstanding mortgage from the proceeds and pays you the balance. If you are buying at the same time, the two dates need to line up, so discuss this early with both solicitors. Book removals once the date is fixed rather than before. You are not liable for LBTT as a seller; that falls on the buyer, as set out in LBTT rates and first-time buyer relief.
Discrimination
Refusing a sale or offering worse terms because of a buyer's religion or belief is illegal. Using an estate agent brings wider protection, covering disability, gender reassignment, pregnancy, race, religion or belief, sex and sexual orientation, according to Citizens Advice Scotland.
Preparing for viewings and offers
- Fix small defects before the Home Report survey if you can, as visible problems can lead to a lower valuation.
- Tidy and declutter, and make sure heating works on viewing days.
- Decide your minimum acceptable price and entry date before the first offer arrives.
- Ask your agent how interest will be handled: note of interest, closing date, or ongoing negotiation.
- Keep your solicitor informed of every offer and let them handle the written acceptance.
After accepting, answer your solicitor's queries promptly. Delays in providing paperwork for alterations or guarantees are a common cause of slipped dates.
Be realistic about timing. Buyers need a mortgage offer before missives are concluded, so offers can take longer to turn into a binding contract than sellers expect. A flexible date of entry is one of the few things you can offer that costs nothing, and it can make your home more attractive to a buyer who needs time.
This is general information, not legal advice. Your solicitor can advise on your specific sale.
Frequently asked questions
Must I accept the highest offer?
No. You can accept any offer, and a solicitor must be involved in accepting it.
When is the sale binding?
Once missives are concluded. After that, withdrawing means paying compensation.
Do I still need a solicitor if I use an estate agent?
Yes. An agent does not do the legal work, so you need a solicitor for the sale.
What happens to my mortgage?
Your solicitor repays any outstanding mortgage from the sale proceeds and pays you the balance.