Why you need a solicitor

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Buying a home is one of the most exciting milestones you’ll experience. But it’s also a complex legal and financial transaction, and having the right professional support makes all the difference. In Scotland, you must appoint a solicitor to handle the legal work and make a formal offer on your behalf.

This page explains why a solicitor is essential, what they do at each stage of the process, and why choosing an ESPC member solicitor estate agent gives you added confidence and peace of mind.

Why a solicitor is essential

Unlike in some parts of the UK, where buyers and sellers can submit offers themselves, property transactions in Scotland are formalised through solicitors. This legal requirement protects both parties and ensures the sale is carried out properly, fairly, and in line with Scottish property law.

Your solicitor acts as your representative throughout the purchase. Their job is to:

  • Submit your note of interest and offer formally to the seller’s solicitor
  • Negotiate and conclude the missives, which form your binding contract
  • Carry out title checks and searches, ensuring the property is legally sound and free of unexpected burdens or disputes
  • Manage the transfer of funds securely and in line with agreed timescales
  • Register your ownership with Registers of Scotland, ensuring you receive your Title Sheet and are legally recognised as the owner

Without a solicitor, you cannot make an offer or complete the purchase, but more importantly, you would also lack the guidance and protection you need when making such a significant investment.

What your solicitor estate agent does for you

Here’s a closer look at the key stages your solicitor estate agent handles:

  • Before you make an offer: Your solicitor will advise you on the home report, help you decide on your bid, and submit your note of interest.
  • After your offer is accepted: They’ll exchange formal letters (missives) with the seller’s solicitor, clarifying and agreeing all conditions of the sale.
  • Legal checks: They’ll check the property’s title, highlight any restrictions, and ensure there are no surprises that could affect your use or enjoyment of the home.
  • Completion and keys: On your date of entry, they’ll transfer the funds, collect the keys from the seller, and finalise the registration of your ownership.

Why choose an ESPC member firm?

When it comes to choosing a solicitor estate agent, using an ESPC member firm offers many advantages. ESPC has been supporting Scottish home buyers for over 50 years, and our member firms adhere to the highest standards of service and professionalism.