A date of entry can usually be changed if the buyer and seller both agree and their solicitors formally record the new arrangements. However, once missives are concluded, the agreed date of entry forms part of a legally binding contract, so failing to complete on that date without agreement can potentially amount to a breach of contract.
The date of entry is one of the most important dates in a Scottish property transaction. It is normally the day the purchase price is paid, ownership transfers and the buyer receives the keys to their new home.
Occasionally, however, something happens that means settlement cannot take place when originally planned. What happens next depends largely on whether the delay has been agreed in advance, whether missives have been concluded and which party is responsible for the delay.
What Is the Date of Entry in Scotland?
The date of entry is the agreed date on which a Scottish property transaction is due to complete.
It is sometimes also referred to as the:
- Settlement date
- Completion date
- Moving date
On the date of entry, the buyer’s solicitor transfers the purchase funds to the seller’s solicitor.
In return, the legal documentation required to transfer ownership is delivered and, once settlement has been completed, the keys can normally be released to the buyer.
For most people, it is also moving day.
That makes the date of entry particularly important because buyers and sellers may have removals, mortgage funds, utilities, insurance and another property transaction all organised around the same date.
Can the Date of Entry Be Changed?
Yes.
The date of entry isn’t necessarily set in stone from the moment an offer is accepted.
Buyer and seller can agree to change it, but any alteration should be dealt with through their solicitors rather than informally between the parties.
If circumstances change before missives are concluded, the solicitors may negotiate a different date as part of finalising the contract.
Even after missives have been concluded, the parties can potentially agree to vary the date, provided everyone involved agrees and the change is properly documented.
The important word is agree.
One party cannot simply decide that they would prefer to complete a week later.
What Happens if Missives Haven’t Been Concluded Yet?
Before missives are concluded, the buyer and seller haven’t yet entered into the final legally binding contract for the sale.
Although a proposed date of entry will normally have been included in the offer and negotiations, there may still be scope to change it.
For example, the buyer might be waiting for:
- A formal mortgage offer
- The sale of their existing property
- Additional survey information
- A legal issue to be resolved
Alternatively, the seller’s onward purchase may be taking longer than expected.
In these circumstances, the solicitors may discuss moving the proposed date of entry before concluding missives.
This is one reason it’s sensible to avoid making expensive arrangements that cannot be changed until your solicitor confirms that the transaction is sufficiently secure.
What Happens After an Offer Is Accepted in Scotland?
What Happens if Missives Have Already Been Concluded?
The position becomes more significant once missives are concluded.
Missives form the legally binding contract between the buyer and seller, and the agreed date of entry is normally one of the terms of that contract.
If one party then cannot complete on the agreed date, their solicitor should contact the other side as soon as possible.
Sometimes the solution is straightforward.
Both parties may agree to postpone settlement by a day, several days or longer and formally vary the arrangements.
If agreement cannot be reached, however, failing to fulfil the contract on the agreed date could potentially constitute a breach of missives.
The consequences will depend on the terms of the contract and the circumstances surrounding the delay.
What Can Cause a Date of Entry to Be Delayed?
There are several reasons why a property transaction may not complete when expected.
Mortgage Funds Haven’t Arrived
For buyers using a mortgage, their solicitor needs the lender to release the funds required for settlement.
If the mortgage offer isn’t ready or the funds don’t arrive when expected, the purchase may not be able to complete.
This is why mortgage arrangements should be progressed as early as possible.
A Problem With the Property Title
Legal issues relating to the title can sometimes arise during conveyancing.
These might involve:
- Ownership
- Property boundaries
- Rights of access
- Title conditions
- Outstanding securities
- Shared areas
- Missing documentation
If an issue hasn’t been resolved by the proposed date of entry, settlement may need to be reconsidered.
Missing Documentation
Alterations to a property can sometimes create delays if the required paperwork isn’t available.
This might include:
- Building warrants
- Completion certificates
- Planning permissions
- Guarantees
- Documentation relating to extensions or conversions
Your solicitor will normally try to identify these issues well before the planned settlement date.
Delays Further Down the Property Chain
Many buyers are also selling a home.
Similarly, the seller of the property you’re buying may be purchasing somewhere else.
This creates a chain of linked transactions.
If one transaction is delayed, it can affect several other buyers and sellers.
Problems With the Buyer’s Funds
A buyer may be funding part of the purchase from:
- Savings
- Investments
- Sale proceeds
- Gifts from family
- Another property transaction
These funds need to be available to the solicitor in time for settlement.
Any delay could affect completion.
Last-Minute Legal Issues
Although solicitors work towards resolving legal questions well before the date of entry, occasionally something emerges close to settlement.
Your solicitor may advise that the transaction should not complete until the issue has been resolved.
What Happens if the Buyer Causes the Delay?
If missives have been concluded and the buyer fails to pay the purchase price when contractually required, they may be in breach of contract.
The precise consequences depend on the terms of the missives.
Where the Scottish Standard Clauses apply, the seller may potentially be entitled to compensation for losses caused by late payment or, depending on the contractual provisions, interest on the outstanding purchase price.
If a buyer remains unable to complete for a more prolonged period, the consequences can become significantly more serious.
This is why buyers should tell their solicitor immediately if there is any potential problem with mortgage funding or the money required for settlement.
Your solicitor may be able to negotiate an agreed extension before the original date of entry passes.
What Happens if the Seller Causes the Delay?
A seller also has contractual obligations.
For example, they will normally be expected to provide vacant possession and the legal documentation required to complete the transaction.
If the seller cannot fulfil their material contractual obligations on the agreed date of entry after missives have been concluded, the buyer may potentially have rights under the contract.
Depending on the missives and circumstances, this could include claiming reasonable losses arising from the failure to complete.
The important point is that contractual remedies depend on the exact terms agreed between the parties.
Your solicitor will advise you on your particular position rather than relying on general guidance.
Who Pays the Costs if the Date of Entry Is Delayed?
There isn’t a single rule that automatically applies to every delayed property transaction.
The answer depends on:
- Why settlement was delayed
- Whether one party breached the contract
- What the missives say
- Whether the delay was mutually agreed
- What financial losses were actually incurred
Potential costs caused by a delay might include:
- Additional removal costs
- Furniture storage
- Temporary accommodation
- Additional legal costs
- Bridging finance
- Additional mortgage costs
- Rearranging utilities or services
If both parties simply agree in advance to change the date of entry, each side may simply deal with their own revised arrangements.
If the delay results from a contractual breach, the position may be different.
Your solicitor will be able to explain whether any losses may be recoverable.
Can You Claim Compensation for a Delayed Date of Entry?
Potentially.
If one party breaches concluded missives and this causes the other party a financial loss, there may be contractual remedies available.
However, this doesn’t mean every inconvenience automatically results in compensation.
Any claim will depend on factors including:
- The wording of the missives
- Who caused the delay
- Whether the other party was themselves ready to settle
- The nature of the loss
- Whether the loss was reasonable and directly connected to the breach
Keep receipts and records of any additional costs if your solicitor advises that they may be relevant.
What if the Delay Is Only One Day?
Sometimes a settlement issue is resolved very quickly.
For example, funds might arrive later than expected or a legal issue might be resolved the following working day.
Even a short delay should still be dealt with properly by the solicitors.
If the contractual date of entry cannot be met, your solicitor will speak to the other side and try to agree how settlement should proceed.
Don’t assume that because the delay is only one day it doesn’t matter legally.
Similarly, don’t panic simply because your solicitor tells you there is a potential delay.
Many issues can be resolved through communication and agreement between the parties.
What if Settlement Is Delayed on the Day?
A same-day delay can be particularly stressful because removal companies may already be booked and both parties may have packed their homes.
Settlement can depend on several things happening in sequence.
The buyer’s funds need to be available, legal documentation needs to be satisfactory and the buyer’s and seller’s solicitors need to complete the transaction.
For this reason, buyers shouldn’t assume they will receive the keys first thing in the morning.
Keys are normally released only once the solicitors confirm that settlement has successfully taken place.
If there is a problem that means settlement cannot happen that day, your solicitor should explain what has happened, what needs to be resolved and what the next steps are.
What Happens to the Keys if Settlement Is Delayed?
The buyer doesn’t normally receive the keys simply because the original date of entry has arrived.
Keys are generally released once legal settlement has taken place and the seller’s solicitor has authorised their release.
If settlement is delayed, the keys will normally remain with the seller, estate agent or solicitor until the transaction completes.
Buyers should therefore avoid arranging access to the property before receiving confirmation that settlement has taken place.
What Happens if You’re Selling and Buying on the Same Day?
This is common.
Many homeowners need the money from their sale to fund their onward purchase.
Their solicitor may therefore be coordinating two transactions:
Your sale → funds received → your purchase → funds transferred
If your buyer is delayed, this can potentially affect your ability to complete your own purchase.
The same can happen elsewhere in a property chain.
Good communication between all of the solicitors involved becomes especially important.
If a potential problem is identified early, there may be more opportunity to find a solution before moving day.
What Happens to Your Mortgage if the Date Changes?
If the date of entry changes, your solicitor and mortgage lender may need to update the arrangements for releasing mortgage funds.
The effect will depend on the timing of the change.
Your solicitor may need to:
- Rearrange the drawdown of mortgage funds
- Confirm the revised settlement date with the lender
- Check that your mortgage offer remains valid
- Arrange updated documentation where necessary
If a significant delay is expected, it’s particularly important to check when your mortgage offer expires.
Your mortgage broker or lender can advise you on any changes required.
What Happens to Buildings Insurance?
Buyers should speak to their solicitor and insurer about exactly when buildings insurance needs to begin.
If the date of entry changes, you may also need to update the policy start date.
Don’t automatically cancel or amend insurance without first checking the contractual position with your solicitor.
The same applies to sellers.
Until the transaction has actually completed, make sure you understand your continuing insurance responsibilities.
Should You Rearrange Your Removal Company?
If the date of entry definitely changes, you will need to contact your removal company as soon as possible.
Availability can be limited, particularly:
- On Fridays
- At month-end
- During school holidays
- During busy spring and summer periods
Check the removal company’s cancellation and rearrangement terms when booking.
Where possible, it can be sensible to choose a company that offers some flexibility if the settlement date changes unexpectedly.
What if You Have Nowhere to Stay?
A delayed settlement can be particularly difficult if you’ve already left your previous property.
Depending on the expected length of the delay, you may need to consider:
- Staying with family or friends
- Temporary accommodation
- Hotel accommodation
- Short-term storage for belongings
Before incurring substantial unexpected costs, speak to your solicitor.
If another party has breached concluded missives, your solicitor may want you to keep evidence of reasonable additional expenses.
Can You Move Into the Property Before Settlement?
Generally, you should not assume you can move into the property before the purchase has legally completed.
Early access creates potential issues around:
- Insurance
- Liability
- Ownership
- Damage
- Keys and security
- Mortgage conditions
In exceptional circumstances, solicitors may be able to agree specific arrangements, but this should never be done informally between buyer and seller.
Always speak to your solicitor first.
Can the Seller Stay in the Property After the Date of Entry?
Again, this shouldn’t be arranged informally.
The usual expectation is that the seller provides vacant possession when required under the contract.
If a seller needs additional time in the property, the legal implications can be significant.
Any proposed arrangement should therefore be discussed with the solicitors well in advance.
Simply handing over the purchase money while allowing the seller to remain in the property could create unnecessary legal, mortgage and insurance complications.
How Can You Reduce the Risk of a Delayed Date of Entry?
Some delays are outside your control, but preparation can reduce the chance of last-minute problems.
If You’re Buying
Try to:
- Arrange your mortgage early
- Provide documents to your lender promptly
- Make sure your deposit funds are accessible
- Respond quickly to your solicitor
- Read the Home Report carefully
- Raise concerns early
- Avoid major financial changes before completion
If You’re Selling
Try to:
- Appoint your solicitor early
- Provide title and mortgage information promptly
- Locate paperwork relating to alterations
- Tell your solicitor about any unusual issues affecting the property
- Respond quickly to requests for information
- Keep your solicitor informed about your onward purchase
The earlier a potential issue is identified, the more time there is to resolve it.
Do I Need a Solicitor to Sell My House in Scotland?
What Should You Do if You Think Your Date of Entry Might Be Delayed?
Contact your solicitor immediately.
Don’t wait until moving day in the hope that the problem will resolve itself.
Your solicitor can establish:
- Whether the original date can still be met.
- Whether missives have been concluded.
- What the contract says.
- Whether the other party will agree to a revised date.
- Whether there are any potential financial consequences.
- What practical arrangements you should make.
Most importantly, let your solicitor handle the formal communication with the other party.
Frequently asked questions
It depends on whether the delay has been agreed and whether missives have been concluded. If both parties agree, their solicitors can usually arrange a revised settlement date. If concluded missives require settlement on a particular date and one party fails to complete without agreement, there could potentially be a breach of contract.
Yes. The buyer and seller can agree to a different date, with the change handled formally through their solicitors. It is generally easier to negotiate a revised date before missives are concluded.
Potentially, yes, provided both parties agree to vary the contract. Neither party should assume they can change the date unilaterally once missives are legally binding.
If missives are concluded, the buyer may potentially be in breach of contract if they cannot pay the purchase price when required. The seller may have contractual remedies depending on the circumstances and wording of the missives.
If the seller is contractually required to provide vacant possession and cannot do so, this could potentially amount to a breach of missives. The buyer should speak to their solicitor immediately.
Possibly. If the delay results from a breach of contract, certain reasonable losses may potentially be recoverable depending on the terms of the missives and circumstances. Keep evidence of any additional costs and seek advice from your solicitor.
Normally not. Keys are usually released after the solicitors confirm that settlement has successfully completed.
Yes. The actual date on which settlement occurs can differ from the original date of entry if circumstances require it. Your solicitor will deal with the legal arrangements and advise you of any implications.
Tell your solicitor immediately. They can speak to your lender and the seller’s solicitor to establish whether settlement can still happen or whether alternative arrangements need to be agreed.
You can research and provisionally arrange removals, but be cautious about making non-refundable commitments before your solicitor confirms the legal position. Ask your solicitor if you’re unsure how secure your proposed moving date is.
Conclusion
A delayed date of entry can be stressful, particularly when removals, mortgage funds and another property transaction are all tied to the same moving day.
However, a delay doesn’t automatically mean that the transaction is going to fall through.
If both buyer and seller agree that the date needs to change, their solicitors can often formalise a new arrangement. The position becomes more serious where missives have already been concluded and one party cannot fulfil their contractual obligations on the agreed date.
The most important thing is to involve your solicitor as soon as you become aware of a potential problem.
At MOV8, our experienced conveyancing team handles property transactions across Scotland and can guide buyers and sellers through every stage, from negotiating the initial offer and concluding missives to settlement and the date of entry.
Whether you’re buying, selling or doing both at the same time, keeping the estate agency and legal sides of your move closely coordinated can help identify potential delays early and keep your transaction moving.
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