Why Is The Scottish Conveyancing Law Different From That In Rest Of The Country?

Scotland has its own separate and distinct legal system that is highly respected across the globe.

Because of the differences involved with Scots law, you will need to instruct a Scottish solicitor to look after your interests when purchasing property north of the border.

Unlike England, the contract becomes legally binding at a much earlier stage. If an offer is accepted, there is no second step in the Scottish procedure.

In Scots law, the contract comprises a series of formal letters known as missives which are signed by both parties' solicitors. Once accepted on all points, you have entered into a legally binding contract. Neither side can withdraw without being liable for the consequent losses of the other party. It is imperative that an offer on a Scottish property be made through a solicitor.

The distinctions between the two systems in Scotland and England have to be fully understood, particularly if a property south of the border is funding a purchase in Scotland. It will then be necessary to instruct two sets of solicitors and emphasise to the English lawyer the need to progress the sale process as quickly as possible.