Receiving and accepting an offer
When a buyer decides they want to purchase your property, they will submit a formal offer through their solicitor. This is a significant moment in the selling process and can come with a mix of excitement and pressure. Understanding how offers are made, what they include, and how to respond confidently will help you make the best decision for your circumstances.
Your solicitor estate agent is your key advisor during this stage. They will handle communications with the buyer’s solicitor, ensure the legal details are in order, and help you evaluate each offer on its merits.
How offers are made in Scotland
In Scotland, all offers must be made in writing and come from a qualified solicitor on behalf of the buyer. This means you will not receive informal or verbal offers that you are expected to respond to immediately. Everything goes through a structured legal process.
The offer will usually include:
- The proposed purchase price
- The desired entry date (when the buyer wants to take possession)
- Any conditions or suspensive clauses (such as subject to sale of another property)
- Requests for specific items to be included (such as white goods or furniture)
- A confirmation that the buyer has reviewed the Home Report
Your solicitor will check that the offer is valid, complete and free from unusual clauses that might expose you to risk. They will also compare it to other offers you may have received, and provide clear advice on your options.
What if multiple offers come in?
In the Scottish property market, a Note of Interest is a formal indication from a potential buyer (usually submitted through their solicitor) that they are seriously interested in a property. It does not create any legal obligation to purchase, but it signals to the seller that the buyer wishes to be kept informed of developments.
When a seller receives multiple Notes of Interest, they will often set a closing date for offers, giving all interested parties an equal chance to submit their best bid. Submitting a Note of Interest can help ensure you don’t miss the opportunity to make an offer.
This process helps avoid informal bidding wars and gives you a clear set of offers to review at the same time. It also tends to result in higher offers, as buyers are more likely to put forward their best possible price when competition is formalised.
Once the deadline passes, your solicitor will present all the offers to you and help you choose the one that best suits your needs. It is not always the highest offer that wins, sometimes a more flexible entry date, fewer conditions or evidence of secured funding can make another offer more attractive overall.
What is a closing date?
When selling a home in Scotland, one of the key milestones in the sales process is the closing date. It’s a term that can cause some confusion, especially for first-time sellers or those unfamiliar with how property sales work north of the border. In essence, a closing date is a formal deadline by which interested buyers must submit their offers. This approach is unique to the Scottish property system and is often used in competitive markets where multiple parties are interested in the same property.
Why set a closing date?
A closing date is typically set when more than one buyer expresses serious interest in a property. Rather than entertaining individual offers as they come in, the seller, advised by their solicitor estate agent, chooses to invite all interested parties to submit their best offer by a specific time and date.
This method creates a level playing field for buyers and allows the seller to consider multiple offers at once. It can also help secure a better price, as potential buyers are encouraged to put forward their most competitive bid without knowing what others are offering.
How does a closing date work?
Once your property is on the market and you’ve received enough interest, your solicitor estate agent may recommend setting a closing date. This is usually agreed upon in consultation with you, based on the level of demand and how many home report requests or viewing appointments you’ve had.
Your agent will notify all parties who have noted interest in the property, this is a formal way of saying they’ve told their solicitor to register them as an interested party. It’s important to note that only buyers who have formally noted interest through their solicitor will be notified of the closing date.
On the day of the closing date, each interested buyer must submit their offer via their solicitor by the specified time. These are usually sealed bids, meaning buyers do not know what others are offering. Once the deadline passes, your solicitor will review the offers with you and help you decide which one to accept, if any.
Can you negotiate offers for your property?
Yes. You do not have to accept the first offer you receive, even if it is at or above the asking price. Your solicitor can negotiate with the buyer’s solicitor on your behalf, whether it is to improve the offer price, adjust the entry date or remove unfavourable conditions.
Sometimes buyers will offer a slightly lower price in the hope of negotiating upward, or they may include requests that you are not comfortable with. Your solicitor will manage these discussions professionally and ensure you are not pressured into accepting anything that does not align with your goals.
In most cases, negotiations are handled quickly and respectfully, with both parties aiming for a fair outcome.
Deciding to accept an offer
Once you are happy with an offer and ready to proceed, your solicitor will formally accept it in writing. This is not the final legal commitment, but it is an important step. From this point forward, the sale begins to progress towards conclusion, and both parties typically act in good faith to reach that point.
Your solicitor will advise you on any further legal checks, documentation or searches that need to be completed before missives (the Scottish legal contract) are concluded. You are not legally bound to sell until that contract is finalised, but withdrawing after accepting an offer can have reputational and financial consequences, so it is important to be confident before proceeding.
Accepting an offer is also the point at which you can begin to make plans for your next move, whether you are buying another property or simply preparing for the logistics of vacating the home.
What happens after accepting an offer?
Once an offer is accepted, the buyer’s solicitor will typically submit a series of formal letters known as missives. These set out the terms of the sale and allow both parties to agree on the details. Your solicitor will review each draft and respond accordingly until all points are agreed.
Once the missives are concluded, the contract becomes legally binding. At that stage, neither you nor the buyer can withdraw without potentially facing legal consequences.
This process may take a few days or a few weeks, depending on the complexity of the sale, how quickly both solicitors work, and whether any issues arise during property searches or mortgage arrangements.
Your solicitor will also coordinate with the buyer’s solicitor on the transfer of title deeds, payment of the purchase price, and setting the date of entry. This ensures everything is in place for a smooth transition.
Keeping the sale on track
Your solicitor estate agent will remain your main point of contact throughout this process. They will:
- Keep you updated on the buyer’s progress
- Make sure all legal paperwork is progressing on time
- Answer any questions or concerns you have
- Liaise with surveyors, mortgage lenders or other parties as required
- Help you prepare for the date of entry
It is important to stay responsive and provide any documentation requested by your solicitor as quickly as possible. This will help avoid unnecessary delays.
Even after accepting an offer, buyers sometimes request small changes, such as a different move-in date or clarification about included items. Your solicitor will handle these professionally and let you know if any response is required.
Receiving an offer is a key milestone in selling your home, but it is also the start of a detailed legal process. With the support of your solicitor estate agent, you can be confident that everything will be managed properly, fairly and in your best interests.
Whether you receive one offer or several, the key is to remain calm, seek professional advice and avoid rushing into decisions. Accepting the right offer, on the right terms, is the most important step toward a successful and stress-free sale.