Moving into a new home is one of life's most exciting milestones.

But what happens when things are not quite as you expected? Perhaps the boiler is not working, items you thought were included have vanished, or the seller has removed something that seemed fixed to the wall. Understanding your rights under Scots Law before and after moving in can make a real difference.

The Missives: Your Contractual Foundation

In Scotland, the binding contract for the purchase of a property is known as the
missives. Once concluded, the missives form a legally enforceable contract, and both parties are bound by what has been agreed.

This means that anything specifically agreed in the missives, including the condition of the property, items included in the sale, and the date of entry, carries legal weight.

Our article What Does 'Conclusion of Missives' Actually Mean When Buying or Selling a Home in Scotland? explains the process in plain language.

Contracted Items: Your Starting Point

The Scottish Standard Clauses (Edition 6), which underpin most residential missives in Scotland, require the seller to ensure that systems – such as central heating, water, drainage, and electrical and gas installations – are in working order appropriate to their age at settlement. The key point is the standard: systems do not need to be modern or perfect, only functional for their age.

However, these clauses are a starting point, not a guarantee. In practice, sellers’ solicitors often qualify or limit obligations within the clauses, relying on the principle of caveat emptor (buyer beware).

If such qualifications are accepted, the final missives reflect those reduced protections. Your rights depend on what was actually agreed, not the default wording.

This is why your solicitor’s role is critical. They must review, challenge, and negotiate terms, and you should understand what has been agreed on your behalf.

Fixtures and Fittings: The Grey Areas

Not everything in a property is automatically included in the sale. Scots Law draws a distinction between fixtures and fittings but, in practice, the line between the two is not always clear. Common sources of dispute include:

• Light fittings, particularly decorative or statement pieces, which a seller may regard as personal property
• Curtains, curtain poles and blinds
• Garden plants, shrubs and ornamental features
• Carpets and floor coverings
• Fitted wardrobes and shelving

It should also be noted that appliances included in the sale are sold as seen, with no warranty.

If something matters to you, the safest approach is always to have it agreed and recorded in the missives. 

The Home Report: Your Early Warning System

Scotland's Home Report system provides buyers with a single survey, an energy performance certificate and a property questionnaire before you make an offer. The single survey gives an assessment of the property's condition and identifies any areas of concern.

If the survey highlighted issues that you were aware of before purchase, it will be more difficult to bring a claim later if those issues worsen. However, if defects emerge after entry that were not apparent and could not reasonably have been discovered at the time of purchase, you may have grounds for a claim, particularly if the seller was aware of the defect and failed to disclose it.

The property questionnaire completed by the seller also carries significance. If a seller makes a material misrepresentation, for example stating that there are no issues with damp when they knew of a problem, that may give rise to a claim for damages.

Things You Can Do to Protect Yourself

There are practical steps that every buyer can take to reduce the risk of unpleasant surprises after moving in.

Instruct a solicitor who will negotiate, not just process.
Sellers' solicitors will often seek to limit or qualify the seller's obligations, particularly around property systems and condition. Your solicitor should review any qualifications proposed, advise you on their implications, and push back where appropriate. Accepting a heavily qualified set of missives without challenge can significantly weaken your position if problems arise after entry.

Ask for everything important to be agreed in writing.
If there is an item you are expecting to be included in the sale, whether it is the washing machine, a specific light fitting or a garden structure, tell your solicitor and have it confirmed in the missives. Verbal assurances carry no legal weight once the missives are concluded.

Read the Home Report carefully.
The single survey will flag any issues with the property's condition. If something concerns you, consider instructing further specialist investigations before concluding missives, particularly for things like roof condition, damp or drainage.

Note the five working-day window for systems defects.
If you discover a problem with the heating or other system after moving in, you must intimate this in writing to the seller within five working days of settlement. Acting quickly is essential.

Obtain copies of all relevant guarantees and warranties.
If a new boiler, roof or electrical installation was carried out in recent years, ask for the guarantee documents to be assigned or transferred to you. Many builders' warranties and product guarantees can be transferred, and they can provide important protection quite independently of the missives.

For new build properties, be aware of your snagging rights.
Developers are required to complete the property to the standard agreed in the missives. Keep a written record of all snagging items and ensure these are addressed formally with the developer.

Speak to a Solicitor Before You Move

If things do go wrong after you move in, the sooner you take legal advice, the better. Under the Scottish Standard Clauses, the missives cease to be enforceable two years from the date of settlement, unless court proceedings have been raised within that period. That may sound like a long time, but given the procedural steps involved and the need to gather evidence, acting promptly is always advisable.

At Paris Steele, our Residential Property team has years of experience guiding buyers through the conveyancing process in East Lothian and beyond. To speak to our team contact us,
we’re here to make sure your move goes smoothly and that you are properly protected if problems arise.