
Scotland has its own unique legal system, so selling your home north of Hadrian’s Wall follows a slightly different process to the rest of the UK. 

Most of these things will be handled by your estate agent and solicitor. But, being prepared for each stage will help you know what to expect, and can make the process a little less daunting. 

Luckily for those living north of the border, some of the unique elements of the Scottish system actually make a successful sale more likely than in the rest of the UK.

### What is a Home Report?

When you decide to put your property on the market, you’ll need to arrange a Home Report. This is a pack containing all the vital information about your property. The report needs to include:

* A Single Survey - this details the condition of your property, including any required repairs

* An Energy Report - this includes details of your property’s energy efficiency rating

* Your Property Questionnaire - this contains any other key information, such as: your property’s council tax band and any planning permission documents

There’s no expiry date on your Home Report, but you must make sure that it is **less than 12 weeks old** when your property goes on the market. You may find that if your report is over 12 weeks old potential buyers will need to re-survey your home to satisfy their mortgage lender.

**Home reports generally cost between £400-£600.** They can be arranged either by your estate agent, or you can shop around for a provider yourself. If you decide to take this option, it’s important to bear in mind both the cost and which mortgage lenders will accept a report from your surveyor. This can impact a buyer’s ability to make an offer.

### Listing your property

When you put your home up for sale in Scotland you can decide whether to ask for ‘offers over’ or ‘around’ a certain price, or for a ‘fixed price’.

**Asking for ‘offers over’ means that you will sell your property to the highest bidder, whereas ‘offers around’ implies a willingness to negotiate.** Setting a ‘fixed price’ is less common; you'll sell your home to the first person to offer the asking price.

Most properties in Scotland are sold by a process of ‘blind bidding’. Sellers ask for ‘offers over’ or ‘offers around’ their desired sales price, and then set a closing date by which they want to receive all bids.

Your estate agent will be able to advise which course of action is best for you, depending on your personal needs, and the local market. In a highly competitive market it makes sense to solicit ‘offers over’, but when there is less demand a more careful approach will be required. **The property market in Aberdeen is very different from the market in Edinburgh and nothing at all like Pittenweem.** Talking to an agent with strong track record of selling homes in your area will help you make an informed decision about your best course of action.

At GetAgent we analyse huge amounts of data about the property market, so that you can find the best agent to support your sale. [Compare the statistically proven top performers in your area.](https://www.getagent.co.uk/vendor)

### Missives

When a potential buyer’s solicitor sends an offer to your solicitor they initiate the process of exchanging 'missives'.

Missives are formal letters between your solicitor and a potential buyer’s solicitor. **In these letters they negotiate the terms of the sale.** This includes discussing: which pieces of furniture you will leave behind, what day you’d like to move out on, and whether you will carry out any repairs before you leave.

Once all these issues have been sorted out, a final letter is sent which results in the ‘conclusion of the missives’. This is the first formal contractual agreement in your sale. After this point it is very expensive for either party to withdraw from the sale.

Generally **the process of exchanging missives takes about 6 weeks.** One of the main reasons it takes so long is that it is necessary for your buyer to prove they are financially able to purchase your home. If they are taking out a mortgage, you will have to wait for their lender to confirm their funds before moving ahead. Although this delay is annoying, it does mean that the sale is much less likely to fall through. 

### Disposition

The solicitors will then go about the process of transferring ownership from you to the buyer. This is called conveyancing. They’ll check whether you *actually* own the property you’re trying to sell, and that the boundary lines agreed upon match those in your title deeds. They will also confirm any ‘burdens’ associated with the property. These include any maintenance obligations, or agreed rights of access.

If everything is in order, the solicitors will draw up a document called a ‘disposition’. **This is the document that legally transfers ownership from you to the buyer.** 

Your solicitor will deliver the disposition to the buyer’s solicitor along with the keys on the day of completion. In return your solicitor will receive a cheque for your home. They will pay off any outstanding amounts, including your mortgage, your estate agent and legal fees, and then return the remaining amount to you.

**Ready to start your selling journey?** Finding the best estate agent is the first step. [Check out the top performers in your area.](https://www.getagent.co.uk/vendor)


highland cow stood in Scottish countryside sticks out tongue 

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Below we outline the key stages of selling your property in Scotland. Most of these things will be handled by your estate agent and solicitor. But, being prepared for each stage will let you know what to expect, and can help the process be less daunting.

Selling a home in Scotland

## What is an estate agent?

An estate agent is the company or person responsible for the sale, rental or management of property.

- __Estate agents/Estate Agent/Estate Agency__: Typically refers to a company specialising in property sales, management and lettings
- __Estate agent__: Typically refers to the person working for an estate agency in charge of sales and/or lettings.
- __Letting agent__: An estate agent that specalises in rental properties. 

Estate agents usually earn a base salary and then earn commission on any sales/rentals completed. 

## What is a hybrid estate agent?

In theory, a hybrid agent offers the full range of services you’d expect from a high street agent but with the convenience of being able to book valuations and manage the sale online. 

**Hybrid agents distinguish themselves from online-only companies by offering a more complete service.** This includes conducting viewings as standard, and having a [‘no sale no fee’ policy as standard](https://www.getagent.co.uk/blog/estate-agents/no-sale-no-fee-estate-agents) - like a traditional high street agent. 

In practice estate agents offering a hybrid service aren’t able to offer the same level of expertise as a local high street agent. They are usually not large enough to have ‘local experts’ to cover every area. This means hybrid agents are also usually handling a larger number of properties than a local estate agent, so selling your home will not always be their top priority. But because of this, hybrid agents are likely to be cheaper.

## What is an online estate agent?

**[An online agent](https://www.getagent.co.uk/blog/online-agents) operates completely remotely.** This means **the seller will need to take control of the majority of the selling process.** This can include taking photographs of their home, arranging floor plans, and creating the property advert.  For a fixed-fee, *payable even if the property does not sell*, an online agent will place your listing on the main portals. The seller then handles enquiries from buyers, viewings and negotiating offers. Some online agents will offer these services for an increased upfront fee.

### How good are online estate agents? 

Research by The Advisory compared the performance of online agents who rely on internet listings, with that of high street agents. The difference in performance was striking. They found that **home sellers using an online agent could be missing out on: up to 48% more viewings, 64% more offers, and an extra 5% on their final sales price.** They also found that high street agents were able to generate a more secure buyer 73% of the time. 

‘Based on this research, good **high street agents could charge up to 4% commission** plus VAT and **still achieve for their clients a better ‘walkaway figure’** compared with an internet only listing service’. - Gavin Brazg, The Advisory

Some online agents *are* able to achieve good results. But **the best high street estate agents will consistently outperform online agents.** 

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### How many estate agents are there in the UK?

There are over 18,000 estate agents in the UK. And, in the average postcode they are 62 estate agents currently listing property for sale.

## What do estate agents do?

![people shaking hands after a deal](//images.ctfassets.net/us6n8ous4bz0/1pHKgQbkyWkP7dcJVB2o5U/fdd95aa56fb7029a68db4f9774060c18/people_shaking_hands_after_a_deal.jpg)

In a nutshell, **estate agents market and sell property.** As a seller you’ll work closely with them to ensure you achieve your home selling aims - whether this is a quick sale, or the best possible price. A good estate agent will do the following as standard:

### They value your property

Estate agents will look at the age, location, size and layout of your home to establish a basic valuation. They’ll then position your home in relation to recently sold and currently on sale properties nearby. [They can use this information to suggest the best market price for your home](https://www.getagent.co.uk/blog/first-time-sellers/how-estate-agents-value).

**Top Tip!** Ask your estate agent for 3 figures: their highest valuation, their suggested market price, and their estimated eventual sales price.

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### They market your home

Once you have instructed an agent, marketing your home becomes their main priority. They’ll take photographs, create listings on online portals, be in touch with buyers in your area and give you advice on how to present your home for viewings. The best agents are consistently enthusiastic and proactive in their marketing campaign. 

### They handle viewings

An estate agent should offer to handle viewings as standard. They will use their sales expertise and local knowledge to encourage interest in your home. And, they’ll be able to gauge interest and answer awkward questions on your behalf.

### They will negotiate offers

When you receive an offer on your home, your estate agent will take charge of negotiating the best price whilst investigating the buyer’s position. You can then make an informed decision about whether to move forward.

### They will liaise with solicitors

Once you have accepted a buyer’s offer, your estate agent will put your solicitor in touch with the buyer’s lawyer so they can start the conveyancing process. 

### They will track the ‘chain’

The conveyancing process can take some time - particularly if there is a ‘chain’ of buyers and sellers. Your estate agent will monitor its progress and, if needed, push your solicitor to be more proactive.

Although estate agents generally represent a seller, they also work closely with buyers. If you’re looking to move, they’ll help you find your dream home. They’ll match you with properties they think best match what you’re looking for. If you like the look of a property, an agent will take you for a viewing and provide information about the house, the seller, and the local area. In the event you wish to buy, an estate agent will relay your offer, and advise you on moving forward. You can read [our complete guide to what estate agents do here](https://www.getagent.co.uk/blog/estate-agents/what-do-estate-agents-do).

[Check out the best performing estate agents](https://www.getagent.co.uk/vendor) in your area with our data-backed comparison tool.

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## Can you have two estate agents selling your house?

Yes you can have two estate agents selling your house, however, the most common agreement is a sole agency agreement, which instructs one agent to help sell your home. But, [**it is possible to have more than one estate agent**](https://www.getagent.co.uk/blog/first-time-sellers/can-i-use-two-estate-agents-sell) selling your home at the same time, using a multi-agency agreement. This type of agreement allows you to hire as many agents as you like. But, you’ll usually have to pay a much higher commission rate. 

A multi-agency agreement can be a good option for a hard-to-sell property. Each agent will have a database of interested people in the area, providing a larger pool of potential buyers. And, because the agents are working in competition for the higher commission rate, they are likely to be very motivated to sell your home for a good price. 

## Who regulates estate agents?

Estate Agents are regulated by the Estate Agents Act of 1979. This act stipulates that agents work in the best interests of their clients, and that both buyers and sellers are treated honestly, fairly and promptly. 

Most reputable agents are also members of **NAEA Propertymark** (National Association of Estate Agents) or **RICS** (Royal Institution of Chartered Surveyors). As members of these organisations, agencies agree to follow a set of regulations. They can be penalised for not following these rules.

Redress can be sought from the Property Ombudsman, but they are not a regulatory body. They are able to negotiate and provide compensation to consumers who have been treated unfairly by an estate agent. But, they are not able to take regulatory or legal action. If you want to complain about an estate agent [you can read about the process here](https://www.getagent.co.uk/blog/estate-agents/how-to-complain-about-estate-agent).

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## Does changing estate agents make a difference? 

A government research paper found that **nearly 1 in 5 sellers changed agent** before they eventually completed their sale. Experienced sellers were more likely to change agents to achieve a sale. The main reason they gave was that they were not getting enough viewings. 

If you feel your agent is not working in your best interests, and your sale is taking [longer than average for your area](https://www.getagent.co.uk/listing), you might want to [switch agent](https://www.getagent.co.uk/blog/estate-agents/how-to-change-estate-agent). 

Invite at least 3 other estate agents around to your home to perform a valuation. This will be your chance to find out how they would market your home differently to your current agent. If they suggest marketing your home at the same price with the same photos, you’re unlikely to get a better outcome. But, if an agent appears enthusiastic, knowledgeable, and comes with lots of ideas on how to improve your listing, you’re likely to see improvements quickly. 

set of house keys on a wooden surface next to wallet

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In a nutshell, estate agents market and sell property. As a seller you’ll work closely with them to ensure you achieve your home selling aims - whether this is a quick sale, or the best possible price.

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