Steps to selling a house in Scotland

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Selling your home is a significant financial and emotional decision. In Scotland, the selling process is distinct from elsewhere in the UK, thanks to the use of solicitor estate agents and the legal framework of missives. We'll guide you through every stage in detail to ensure your sale is smooth, compliant, and successful, with a particular focus on using ESPC and a solicitor estate agent.

1. Appoint a solicitor estate agent

In Scotland, it’s beneficial to instruct a solicitor estate agent before marketing your property. Unlike the English system, where legal and marketing duties are split between an estate agent and a solicitor, in Scotland, solicitor estate agents handle both.

This dual role streamlines the process, ensuring compliance from day one. All ESPC member firms are solicitor estate agents, offering a trusted route for sellers.

Working with an ESPC solicitor estate agent means:

  • Legal guidance from the outset
  • Better coordination between marketing and legal work
  • Full compliance with Scottish property law
  • Early access to ESPC.com and its exclusive marketing window

2. Arrange a free home valuation

Once you’ve chosen your solicitor estate agent, the next step is a professional valuation of your property. This gives you a clear understanding of what your home could realistically sell for, based on market conditions, property features, and local demand.

ESPC solicitor estate agents offer free valuations with no obligation. They’ll assess:

  • Size, condition, and age of your home
  • Layout and features (e.g. garden, parking, number of bedrooms)
  • Location and recent comparable sales
  • Buyer demand in your area

The aim is to set a price that attracts interest but also reflects your property’s true value.

3. Commission a Home Report

Under Scottish law, you must provide a Home Report before your property can be marketed. This is a legal requirement and includes:

  • Single Survey: An independent assessment of the property’s condition and valuation
  • Energy Performance Certificate (EPC): Rates the home’s energy efficiency
  • Property Questionnaire: Completed by you, covering details like alterations, council tax, and parking

Your solicitor estate agent will arrange for a surveyor to compile the Home Report. You must make this report available to all prospective buyers.

4. Prepare your home for sale

First impressions matter. Preparing your property for sale can make a huge difference in how quickly it sells and at what price.

Consider the following before listing:

  • Declutter and depersonalise living spaces
  • Deep clean every room and make minor repairs
  • Freshen up tired décor with neutral tones
  • Tidy the garden and kerb area
  • Remove excess furniture to maximise space

Your solicitor estate agent will also arrange for professional photography, floorplans, and possibly a virtual tour, all of which boost your property’s appeal on ESPC.com.

5. Launch on ESPC and begin marketing

With your Home Report ready and your home staged, your solicitor estate agent will create your property listing and launch it on espc.com.

Your listing may include:

  • High-resolution photography
  • Detailed room descriptions
  • Floorplans and virtual tours
  • EPC rating and key features

ESPC gives you access to serious local buyers and offers exclusivity before the property is shared to wider portals. Your agent may also use window displays, social media, and email alerts to increase visibility.

6.Conduct viewings and register notes of interest

As enquiries come in, your agent will schedule and manage viewings. These may be:

  • Accompanied (by the agent)
  • Hosted by you (if agreed in advance)

Viewers who are seriously interested will ask their solicitor to lodge a note of interest. This doesn’t obligate them to offer but ensures they’re notified if a closing date is set. A high number of notes of interest is a good sign that competition is building.

7. Set a closing date

If multiple parties have lodged notes of interest, your agent may recommend setting a closing date. This is a fixed deadline for offers, usually submitted in sealed bids.

The seller is under no obligation to accept the highest offer. You can weigh up the strength of the offer along with conditions (such as flexibility on the entry date or whether the buyer has a mortgage in principle).

Solicitors handle the submission and evaluation of these offers. Your agent will guide you through your options and negotiate on your behalf where appropriate.

8. Accept an offer and begin missives

Once you accept an offer, the formal legal work begins. This is known as concluding missives, a series of letters exchanged between the buyer’s and seller’s solicitors that form the binding contract of sale.

Each letter builds on the last, agreeing specific terms such as:

  • Price
  • Date of entry
  • Inclusions (e.g. white goods, curtains)
  • Title conditions and responsibilities

When all terms are agreed and both solicitors confirm in writing, the missives are concluded, and the deal is legally binding.

9. Complete the sale (Settlement Day)

On the agreed date of entry:

  • The buyer’s solicitor transfers the purchase funds to your solicitor
  • Once received, your solicitor confirms that keys can be handed over (typically via the estate agent)
  • Ownership legally transfers to the buyer

Your solicitor will:

  • Pay off your existing mortgage (if applicable)
  • Settle their own fees from the sale proceeds
  • Transfer the remaining balance to your account

The buyer’s solicitor will then register the new ownership with Registers of Scotland.

10. Wrap up and notify authorities

Once the sale is complete:

  • Cancel your Council Tax account
  • Notify utility providers of the final readings
  • Remove any remaining personal details or accounts associated with the property
  • Consider redirecting your mail via Royal Mail for a smoother transition

If the home you sold was your main residence, you won’t usually owe Capital Gains Tax. But if it was a second home or investment property, speak with your accountant or solicitor about potential liabilities.

Selling your home in Scotland is a structured and legally protected process. With the right support, particularly from a solicitor estate agent, it can be straightforward and efficient.

Using a portal like espc.com ensures your property reaches a large, motivated audience. Combine that with proper staging, professional marketing, and a legally savvy solicitor estate agent, and you’re well placed for a successful sale.