Scottish Standard Offer

The Scottish Standard offer is the name for a formal written offer to buy a residential property made using the Scottish Standard Clauses. It is a legal document containing the detailed terms and conditions under which a buyer is prepared to purchase a property.

The aim of the standard offer is to make it simple and straightforward for a seller to quickly assess and accept your offers. It achieves this by 1) using standard clauses that are generally acceptable to both parties and 2) offering transparency to sellers about any conditions the offer is subject to.

The standard offer will vary slightly depending on the individual property and the circumstances of the buyer and seller. However, there are some common elements that are included in every Scottish standard offer:

Making an offer using standard offer and standard clauses should increases the likelihood of conclude the Missives with either a straight acceptance of the offer or hopefully not more than one qualified acceptance before a final acceptance. As fewer points are likely to be in dispute than with an offer made using non-standard clauses. At least, that’s the idea.

As a first-time buyer, your offer will not be conditional on the sale of an existing property. If the seller wants to conclude the sale quickly then this may give you an edge over other buyers. However, as a first-time buyer your offer is likely to be subject to the condition that you obtain a mortgage. So, it may be sensible to instruct your solicitor to tell to the seller that you already have an agreement in principle in place.

It’s important to note that in Scotland an offer becomes legally binding once accepted by the seller, so it should be drafted and reviewed with the utmost care. A solicitor should always be consulted.

What does the Scottish standard offer look like?

The standard offer in the Scottish standard Clauses (edition 5) looks like this

Dear Sirs,

For the purposes of this offer and the Scottish Standard Clauses (Edition 5) aftermentioned:

The Purchaser means [name] residing at [address].

The Property means [property address] together with any garden, carport, garage, parking space and/or outbuildings pertaining thereto and all other parts and pertinents.

The Price is [price in words] POUNDS (£[price as a number] )STERLING.

The Date of Entry shall be [date] or such other date as may be mutually agreed in writing.

The Purchaser hereby offers to purchase from your client (hereinafter referred to as “the Seller”) the Property at the Price and upon the conditions contained in the Scottish Standard Clauses (Edition 5) specified in the Deed of Declaration by the Scottish Conveyancers Forum dated 17 June and registered in the Books of Council and Session for preservation on

both 2022, and upon the following further conditions:-

·      (First) The Price will include the following additional items (if any):

·      (Second) This offer unless earlier withdrawn is open for verbal acceptance by  (insert time and date) with written acceptance reaching us no later than [time] on the (insert xth working day) working day following the date of this offer and if not so accepted shall be deemed to be withdrawn.

·      (Third) This offer and any contract to follow hereon are entirely conditional upon (a) a satisfactory survey report and (b) a satisfactory valuation report being obtained by the Purchaser in respect of the Property. The Purchaser and their lenders shall be the sole judges as to what constitutes satisfactory reports.

·      (Fourth) This Offer and any contract to follow hereon is entirely conditional and suspensive upon the Purchaser’s sale of their existing property.

·      (Fifth) This Offer and any contract to follow hereon is entirely conditional and suspensive upon the Purchaser obtaining a satisfactory offer of loan finance (mortgage) and the Purchaser shall be the sole judge as to what constitutes a satisfactory offer.

Yours faithfully

For more, see the full Law society extract

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