What are missives and when is a sale binding?
Missives are the series of formal letters between the buyer's and seller's solicitors that form the contract. The sale becomes legally binding when missives are concluded — not when an offer is accepted, and not when a closing date is won.
From acceptance to conclusion
An accepted offer is normally a qualified acceptance: the solicitors then negotiate conditions such as the date of entry, what is included, title matters, planning and building warrant paperwork, and any repairs.
Anything unresolved here delays conclusion. The most common causes are missing building warrants or completion certificates for past alterations, unclear title or boundary detail, and outstanding factoring or common-repair liabilities.
Preparing so missives move quickly
Before marketing, gather your title deeds, any building warrants and completion certificates, factoring information, guarantees for damp or timber work, and paperwork for any installed systems. Give them to your solicitor at the outset.
Sellers who do this routinely conclude faster, and speed reduces the risk of a buyer's circumstances changing before the contract exists.
Common questions
- Can a buyer withdraw after an offer is accepted?
- Before missives are concluded, yes — either side can generally withdraw. After conclusion, withdrawal is a breach of contract with financial consequences.
Lothian Property is a property information and professional-introduction service operated by Maybury Scotland Limited. Lothian Property is not an estate agency. Where requested, we may connect homeowners with independent estate agents and other property professionals. How we work.
Written and reviewed by The Lothian Property team, Edinburgh property research team. General information about the Scottish selling process — not legal advice.