Select one of the frequently asked questions below to learn more about buying, selling, and renting real estate. Also, begin to think about important things to consider when diving into your real estate search.
In Scotland, the average timescale is around 8 weeks from offer acceptance to owning your new home.
A cash purchase with no onward chain can sometimes complete in as little as 4 weeks, while mortgage-funded purchases more commonly take 8–10 weeks. Property chains, relocations, and legal or lender requirements can extend this timeframe. Ownership transfers on the agreed date of entry, when funds are paid and keys are released.
Yes. Buying a property in Scotland requires a Scottish-qualified solicitor, as the legal process differs from England and Wales, including how offers are made, missives are concluded, and when ownership becomes legally binding. Hastings Legal can act for buyers purchasing property anywhere in Scotland, and we are happy to provide a free, no-obligation conveyancing quote.
In most cases, yes. Arranging a Power of Attorney allows a trusted person to help manage your parent’s financial and welfare decisions if they are no longer able to do so themselves. This can be particularly important when dealing with property, banking, or care-related matters. A Power of Attorney must be put in place while your parent still has capacity, so it is often best arranged sooner rather than later. Hastings Legal can advise on whether a Power of Attorney is appropriate and guide you through the process.
In Scotland, the most effective way to secure a property is by submitting a formal written offer through a Scottish solicitor. This is the legal offer and is required to take the property off the market once accepted and progressed to missives.
Verbal or informal offers can be discussed, but they do not secure a property. Submitting your offer through a solicitor helps keep communication clear, ensures the correct conditions are included, and protects your position.
Hastings Legal can submit an offer on your behalf, and there is no fee if the offer is not accepted and does not proceed.
In most cases, yes. You can usually rent out your property, but there are important points to consider, including mortgage consent, landlord registration, safety certificates, and tax implications. You may also want to review how keeping the property could affect your long-term plans. Hastings Legal and Borders Country Lets can advise on the legal requirements and practical steps involved before you let the property.
Select one of the frequently asked questions below to learn more about buying, selling, and renting real estate. Also, begin to think about important things to consider when diving into your real estate search.
Brief description about the problems you might encounter selling your property. Then a quick line to show how we can help.
There is no set expiry date, but most lenders prefer reports that are less than 12 weeks old. If a property has been on the market for longer, the surveyor may be asked to “refresh” the valuation before a mortgage offer is confirmed.
Find Out More: How to Read Home Reports
Many traditional stone or cottage-style properties show higher damp readings. Often this relates to condensation, lifestyle factors, or ventilation rather than structural damp. It is important to note the context and, if you are unsure, you can commission a specialist damp survey for reassurance.
Not if you are joint owners. Both must agree, unless a court order is in place.
It varies, but straightforward transactions can complete within a few weeks once all conditions are met.
It must clearly authorise the sale of heritable property in Scotland. If you’re unsure, we can review the POA before any marketing begins.
Brief description about the problems you might encounter buying your property. Then a quick line to show how we can help.
No. The Home Report is commissioned and paid for by the seller. Buyers can access the full report free of charge. If you want additional specialist reports, such as a damp or electrical survey, you may choose to pay for those separately.
Your solicitor can lodge one on your behalf, which is the safest and most effective method. You can contact the agent directly, but this carries more risk of missing updates.
Missives are the formal letters exchanged between solicitors that make up the contract for the sale or purchase.
It’s strongly advised not to — the risk is too high unless funds are guaranteed from another source.
Yes — but you inherit the lease terms and obligations, so these must be reviewed before purchase.
Brief description about the problems you might encounter with the legal side of buying or selling your property. Then a quick line to show how we can help.
Not necessarily. Solicitor estate agents follow Law Society guidance, but sellers are not legally obliged to set a closing date.
Read More: Understanding Notes of Interest
Yes. In Scotland, offers and acceptances are made through solicitors. Having a solicitor instructed early ensures that any offer is properly structured, protects your position, and reflects your circumstances. Your solicitor can also advise on conditions, timing, and any issues raised in the Home Report before you become legally committed.
In Scotland, a typical conveyancing transaction takes around 8–10 weeks from offer acceptance to completion. This can be shorter for cash purchases with no chain, or longer where a mortgage is involved, additional legal checks are required, or multiple transactions need to align. Your solicitor will guide you through the process and keep you informed as matters progress.
Burdens are legal conditions that stay with the property — for example, you may have to contribute to a shared access road or maintain a wall.
You become legally committed once missives are concluded. Missives are a series of formal letters between solicitors that set out the agreed terms of the sale. Until missives are concluded, either party can withdraw. Once concluded, the contract is binding and the transaction proceeds to the agreed date of entry.
Brief description about the problems you might encounter with wills and powers of attorney. Then a quick line to show how we can help.
A Will sets out what should happen to your estate after your death, including how your assets are distributed and who is responsible for administering them.
A Power of Attorney applies during your lifetime. It allows someone you trust to make decisions on your behalf if you are unable to do so, covering financial matters, welfare decisions, or both.
They serve different purposes, and most people benefit from having both in place.
Once missives are concluded is usually the best time. We can guide you through the process alongside your conveyancing.
Yes. In Scotland, marriage does not automatically ensure your spouse inherits everything. While a surviving spouse has certain legal rights, these may not reflect your wishes, particularly where there are children, previous relationships, or specific plans for your estate.
A Will allows you to clearly set out your intentions and provides certainty for your family.
Yes. If there is a mortgage, lender consent must be obtained before creating a liferent to avoid breaching the mortgage conditions.
Yes. Both a Will and a Power of Attorney can be reviewed and updated if your circumstances change, such as marriage, separation, a change in family circumstances, or a change in your wishes.
Keeping these documents up to date helps ensure they continue to reflect your intentions and remain effective.
Brief description about the problems you might encounter with Estate Planning & Asset Protection. Then a quick line to show how we can help.
Executry is the legal process of dealing with a person’s estate after death. This typically includes identifying and valuing assets, settling any debts and taxes, and distributing the estate to beneficiaries. A solicitor can guide the executor through each stage, handle the necessary legal work, and ensure the estate is administered correctly and in line with Scottish law.
Yes. You will have a dedicated point of contact who oversees the executry or estate planning process and keeps you informed throughout. This helps ensure continuity, clear communication, and reassurance during what can be a difficult time.
Many aspects of estate planning and executry are handled directly with your solicitor, without the need for court appearances. While some estates require formal legal steps, much of the process is practical and administrative, with meetings and discussions taking place in person or by phone, depending on what suits you.
Brief description about the problems you might encounter with Business & Commercial Services. Then a quick line to show how we can help.
A business should seek legal advice when entering into agreements, dealing with commercial property, employing staff, or buying or selling business assets. Legal advice helps ensure documents are properly prepared and risks are understood before commitments are made.
Businesses often need legal support with contracts, commercial leases, property transactions, and business purchases or sales. Advice may also be required when terms are being negotiated or existing agreements are being reviewed.
Yes. Legal support can be provided for the legal elements of a business sale or purchase, including reviewing contracts, dealing with property matters, and managing the transaction process in line with Scottish law. Financial and accounting advice would normally be provided by other professional advisers.
Brief description about the problems you might encounter being a landlord. Then a quick line to show how we can help.
Most private rented properties in Scotland are let under a Private Residential Tenancy (PRT). This is an open-ended tenancy with clear rules around rent increases and ending a tenancy. Borders Country Lets will ensure the correct tenancy agreement is in place and properly issued.
Before a tenancy begins, landlords must meet several legal requirements, including landlord registration, safety checks, smoke and heat alarms, an EPC, and deposit protection. Borders Country Lets manages these checks as part of their letting and management service.
Rent can normally be increased once every 12 months using the correct written notice and notice period. If a tenant disputes an increase, there is a formal process in place. Guidance is available to ensure rent changes are handled correctly and fairly.
To regain possession of a property, landlords must serve a valid Notice to Leave and rely on one or more legal grounds. If the tenant does not leave, an application to the Housing and Property Chamber may be required. Borders Country Lets can guide landlords through the practical steps, with legal support available if needed.
Deposits must be lodged with an approved Scottish tenancy deposit scheme and the tenant given the required information within 30 working days. At the end of the tenancy, the deposit must be returned or agreed deductions made. Disputes are handled through the deposit scheme.
Brief description about the problems you might encounter being a tenant. Then a quick line to show how we can help.
Most tenants in Scotland now rent under a Private Residential Tenancy (PRT). This gives tenants greater security, with no fixed end date and clear rules about rent increases and notice periods.
Before moving in, you should receive a tenancy agreement, inventory, EPC and safety certificates. Borders Country Lets will talk you through what to expect and answer any questions before the tenancy starts.
Yes, but usually only once every 12 months and with proper written notice. If you believe a rent increase is unreasonable, you have the right to challenge it through the appropriate process.
Landlords must keep the property to the Repairing Standard, covering things like heating, electrics, structure and safety. Repairs should be reported to Borders Country Lets in the first instance, who will arrange inspections and works where required.
Tenants must give written notice using the correct form. In most cases, this is at least 28 days’ notice, depending on how long you have lived in the property. Borders Country Lets can confirm the correct notice period and process.
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