Missives are the formal letters exchanged between your solicitor and the seller's solicitor that together form the legally binding contract for the purchase of a property in Scotland. When all terms are agreed and the final acceptance is issued, missives are "concluded" — and both buyer and seller are legally committed to complete the transaction.
What missives are
In Scotland, property transactions do not involve a single signed contract document. Instead, the contract is formed through a series of formal letters passing between the buyer's solicitor and the seller's solicitor. These letters are called missives.
The process begins with the buyer's solicitor submitting a formal offer — the first missive. The seller's solicitor responds with an acceptance letter, which may contain conditions or qualifications (a "qualified acceptance"). The buyer's solicitor considers these and responds, and so on, until all terms are agreed. When the final, unconditional acceptance is issued, missives are said to be concluded.
The missives process step by step
Formal offer submitted
Your solicitor submits a formal written offer to the selling agent. This is the first missive. It includes the price, your proposed date of entry, what fixtures and fittings are included in the sale, any conditions (such as subject to mortgage), and standard legal clauses (Scottish Standard Clauses are commonly used). A verbal offer is never legally binding in Scotland.
Seller responds: qualified acceptance
The seller's solicitor issues a "qualified acceptance" — a letter that accepts your offer but with qualifications: requests to amend certain conditions, changes to the date of entry, or clarifications needed. Alongside this, they typically provide title documents and associated reports for your solicitor to examine.
Negotiation through letters
Your solicitor reviews the qualified acceptance with you, then responds. The seller's solicitor responds to that, and so on. This exchange continues until all outstanding matters are resolved — typically within 1–4 weeks, though complex title issues can take longer.
Conclusion of missives
When both solicitors are satisfied with all terms, the final acceptance is issued and missives are concluded. At this point, both buyer and seller are in a legally binding contract. You are committed to buy; the seller is committed to sell. Your solicitor will confirm this to you explicitly.
Conveyancing and settlement
After conclusion, your solicitor carries out the remaining conveyancing work: title examination, property searches, mortgage completion, LBTT return. On the agreed date of entry, the funds are transferred, title deeds are signed, and keys are released.
Before and after conclusion: the critical difference
| Stage | Legal position | Risk |
|---|---|---|
| Offer accepted (verbally) | No binding contract yet | Either party can withdraw; Law Society of Scotland anti-gazumping rules apply to solicitors but not absolutely |
| Qualified acceptance exchanged | No binding contract yet — terms still being negotiated | Either party can withdraw; deal is not secure |
| Missives concluded | Legally binding contract exists | Withdrawal by either party may result in damages claim |
Your solicitor should not conclude missives until your mortgage offer is formally confirmed in writing by your lender. Concluding missives commits you to completing the purchase. If your mortgage is subsequently declined after conclusion, you may be in breach of contract.
Scotland vs England: key difference
One of the most important differences between the Scottish and English property systems is that in Scotland, a legally binding contract is formed through the conclusion of missives — without either party signing a single document. In England and Wales, exchange of contracts requires the buyer to pay a 10% deposit. In Scotland, no deposit is typically paid at the missives stage; the full purchase price is paid on the date of entry.
This means Scottish buyers are exposed to less cash risk at the contract stage — but it also means they must be certain of their mortgage and financial position before instructing their solicitor to proceed to conclusion.