What Are Missives?

‘Missives’ is an old word for letters. Missives are the contractual letters that are exchanged between the solicitors of a property buyer and seller in Scotland. These letters contain all of the important details of the sale (or purchase, depending on what side you are on!). In spite of technological advances in recent years, Missives are still printed, given ‘wet signatures’ and witnessed then sent by post between the parties’ solicitors.

Missives start with the buyer’s Offer to purchase the property. Thereafter, the seller’s solicitor will usually issue a ‘Qualified Acceptance’. This letter accepts the original Offer, but subject to further conditions. After this, there can be a number of further Qualified Acceptances by both parties. The advent of email has thankfully reduced the necessity for multiple Qualified Acceptance letters because electronic communication between parties to agree the finer details of the contract is so much easier. The final letter in the process is the Concluding Missive which accepts all of the previous qualifications and holds the Missives as ‘concluded’.

What is the Importance of Concluded Missives?

Quite simply, until Missives are concluded, there is no binding contract of sale (or purchase) of the property. This means that either party is at liberty to pull out of the proposed sale, even though the parties have verbally agreed the main details of the sale and purchase.