Jurisdiction(s):
United Kingdom

Key definition

Conclusion of missives definition

What does Conclusion of missives mean? In Scots conveyancing practice, conclusion of missives is the point at which a binding contract is formed, usually for the sale and purchase of heritable property, after an exchange of formal letters (missives) between the parties’ solicitors acting as agents. The sequence is typically an offer, one or more qualified acceptances and a final unqualified acceptance, settling all essential terms (parties, subjects, price, date of entry and key conditions). From conclusion, parties are legally bound and cannot withdraw without breach; remedies may include specific implement and/or damages. Settlement of the transaction then follows. The term is a descriptive expression...

Suspensive conditions in Scottish property missives: drafting, negotiation, longstop dates, purification/waiver, risk allocation, and distinctions from resolutive conditions and options

Published by a LexisNexis Property expert

Practice notes

In Scottish conveyancing, suspensive conditions within missives are indispensable, allowing parties to conclude a binding contract while postponing particular obligations until specified requirements are fulfilled. When precisely drafted, they offer certainty, curb risk, and protect both purchasers and sellers by ensuring crucial matters—such as planning permissions, finance, or due diligence—are resolved before completion. This Practice Note summarises the legal framework, practical considerations, and proven techniques for drafting and negotiating suspensive conditions in missives.

Transactional context

Historically, Scottish property lawyers prided themselves on the rapid Conclusion of missives for the sale and purchase of Heritable property. Owing to the increased length and detailed terms in offers for both domestic and commercial assets, the time needed to reach conclusion has grown in step. Additional time required to secure loan offers from lenders has also affected the residential market and significantly slowed the conclusion of missives. Missives for buying and selling heritable property commonly address issues beyond pure property points, for example:

Compliance with the Relevant tax authorities’ requirements
availability of appropriate consents for current use, previous use or the proposed development of the property
transfer of employees...

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Leanne Hill

Blackadders

Leanne is a partner in the Commercial Real Estate team at Blackadders LLP based in the Aberdeen office but servicing clients throughout Scotland. She advises a broad range of clients on all their property requirements with a particular focus on investment transactions including acquisitions, disposals and asset management, primarily on office, retail and industrial assets. She has a strong background in acting for both lenders and borrowers on high value real estate finance transactions and property development work. Leanne also has significant expertise in dealing with the property aspects of corporate, restructuring and complex cross-border property deals....

Emma Gray

Blackadders

Emma trained and spent the first 13 years of her career in with Burness Paull prior to joining Blackadders in 2013 to head up the Commercial Property team. Emma is highly experienced in all aspects of commercial property including acquisitions and disposals, developments and investment work and landlord and tenant work (with wide ranging experience in both the office and retail and leisure sectors). Over the years Emma has particularly enjoyed acting for clients in the retail and leisure sector where she has considerable expertise. Being dual qualified under Scots and English law, Emma enjoys working on transactions with UK wide portfolios. This is particularly welcomed by clients in the retail sector with a national presence.Emma offers extensive experience in property finance, acting for lenders in secured lending transactions. Clients value her “can do”, commercial approach. Emma also acts for a number of large scale...

Web page updated on 22/05/2026

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