A note of interest is a formal notification — submitted by your solicitor to the selling agent — that you are seriously considering buying the property and wish to be informed when a closing date is set. It does not commit you to make an offer and carries no financial obligation.
What a note of interest does
- It tells the selling agent you are a serious prospective buyer
- It ensures you are notified when a closing date is set
- It may influence the seller's decision to set a closing date (multiple notes of interest typically trigger a closing date)
- It may give you early access to the Home Report if not already provided
What a note of interest does NOT do
- It does not commit you to making an offer
- It does not give you any priority over other buyers
- It does not prevent the seller from selling to someone else without a closing date
- It carries no financial obligation whatsoever
The Law Society of Scotland is clear on this: "A note of interest does not oblige you to buy, it simply indicates that you are interested in the property and wish to be kept informed of developments, such as when an offer must be made."
How to note interest: step by step
View the property and request the Home Report
Request the Home Report from the selling agent. You should have a good understanding of the property and its value before noting interest.
Instruct your solicitor to note interest
Contact your solicitor and instruct them to note interest formally with the selling agent. This is typically done by phone or email and is very quick. Your solicitor does not need your full instructions on price at this stage — only that you are interested and wish to be informed of any closing date.
Wait to be notified
The selling agent will contact your solicitor when a closing date is set. You will then need to decide whether to proceed with an offer and at what price.
Withdraw if your circumstances change
If you decide not to proceed — for any reason — instruct your solicitor to withdraw the note of interest. There is no penalty for doing so. The Law Society of Scotland notes that notes of interest should only be submitted where there is genuine interest in purchasing.
When NOT to note interest
Your solicitor may advise going straight to an offer, without noting interest first, in the following situations:
| Situation | Why to go straight to offer |
|---|---|
| A closing date has already been set | Noting interest at this stage only signals more competition to the seller and may not add any practical benefit |
| Fixed-price property | The first buyer to submit the full price gets the property — noting interest adds a delay that could cost you the purchase |
| You are a cash buyer wanting to act quickly | A pre-emptive offer before a closing date is set may persuade the seller to accept without going to a competitive tender |
| No other interest appears present | If the property has been on the market for weeks with no closing date, there may be an opportunity to negotiate directly without competitive bidding |
Can the seller sell without telling me?
Yes. A note of interest does not restrict the seller. The seller remains free to accept an offer from any buyer at any time, including without setting a closing date. A note of interest ensures you are told about a closing date — it does not guarantee you will be told if the property is sold privately beforehand.