Scottish property law

[Redsquirrel5]

Hi,
Years ago I lived in Scotland. Bought and sold a house there and moved to England.
I wanted to view a cottage in Scotland about 3 weeks ago. Reply to email was that they would get back to me. I had included my holiday dates and said I would like to view the property before going on holiday. Fell in love with it and started making financial plans. It needs quite a lot of work. No date and couldn’t get them on phone continually engaged( large company) so left it. Came home and still no email. I sent another and now being told I cannot view it as there is an offer in.
When I was selling my house in Scotland we still took viewings and then set a final date for offers. Has the law changed in that respect? I was informed if there is any change they will let me know.
I feel like I have been fobbed off from the start. Very disappointed as size wise it was near what I want. The work in the shoddy, blurred photos didn’t put me off and I don’t have a house to sell( unless I turf DS3 out) I hope someone can enlighten me.
I know English and Scottish Law is completely different as last time I had lots of discussion with three young Scottish solicitors that were winter renting a holiday house that I looked after for the owners. We had lots of fun comparing the laws over some wine.
The cottage had been on the market since May and only major drawback was it is near a river.
Look forward to your replies.

The seller can accept an offer at any time without letting it go to a closing date. If someone made them a good enough offer, they'll have taken it particularly if the property has been hanging around for two months. It's not the law, it's just the seller's preference and how popular the property is.

Just to add: if you want to avoid this in the future, put a note of interest in on the property with your solicitor and you will at least have a chance to be contacted for an offer before the seller accepts another. It still doesn't guarantee anything.

Exactly what @Pumbles says .. in Scotland always place note of interest in properties up here in order that they contact you with progress updates .
that said a seller can accept an offer at any time up here .

The estate agent hasn’t said that the vendor has accepted the offer that is what I am asking. Is it now usual to stop viewings once an offer has been put on the table but not necessarily accepted? I knew the vendor could accept the offer at any time but Your move did this to me the offer was lower than offers over and they marked the photo as sold when I hadn’t accepted it and they stopped viewings because someone in the village approached me and told me. I went in and inquired about my own house to be told I couldn’t view it as it was sold. I wiped the floor with them I was furious as it had only just gone on the market. I would have removed it from them but the house we were buying had to be exchanged within six weeks.
I am wondering if something similar is going on here. I no longer have a Scottish solicitor and understand about the note of interest but wouldn’t do that unless I had viewed the property.

Thanks very much for your quick reply Pumbles. It doesn’t have an ‘ under offer ‘ note on the photos either, well unless it has been put on today. I uncovered some information to say that the roads were flooded last year but it didn’t say whether houses had been flooded just that the village was cut off. I wouldn’t buy it if it had been flooded. It was unfortunate that I had a holiday booked ironically it was in Scotland but in the Highlands! I would have chased it more had I been home and I was busy beforehand putting more hours in before I left.
perhaps it just wasn’t meant to be!

Babbi would you put a note of interest before viewing though?
Yes, England is the same that an offer can be accepted at anytime.

The market is busy atm so it's likely the estate agent had a list of interested parties and just worked through them. Sending emails and specifying dates in the future doesn't make you seem like a serious buyer in the current market. I understand your reticence but it just makes it more difficult for you atm.

Estate agents don't need to put 'under offer' on their websites within a certain timescale so lots of them don't bother.

To answer your question about putting in a note of interest before viewing, when I sold my house a few years ago a handful of people actually did this. It meant they could be kept informed of any further notes of interest that were made and gauge how popular it was.

Thanks for the replies.
The dates were sent because I was away then and not available to view that week. I was about 250 miles north of the property. I was available the week before and after as I could juggle my time. I think it is probably because the nearest estate agent is Edinburgh but the property is in D&G. I spent a long time trying to contact them on the phone to no avail and that is why I sent an email. I had a response within 12 hours that they would get back in touch about viewing. I would have thought email was a better way of communicating nowadays especially with lots of people working from home although personally I would rather speak to person. I wonder if I was just overlooked by mistake. Surely a cash buyer IS a serious buyer and unless it has changed once an offer is made in Scotland you can’t pull out if the vendor accepts it. As I said it is a long time since I bought a house in Scotland and 19 years since I bought a second house with my DS2. A bit out of practice!
Really Goldenshoe that is interesting, I’ll consider it next time

Thanks everyone for your helpful replies.

I have just received an apologetic email.
The offer has been accepted.
I was worried about the river as I know it has flooded further down so perhaps it is just as well. I live at the top of a hill just now and the river at the bottom of the hill floods the road and one cottage. Last year it flooded all their garage but stopped at the top of the steps with the help of sand bags. Not sure I can take the stress in my twilight years. Two friends have been flooded twice in the last 15 years, one moved.
Thanks to your replies I will be more persistent next time. The circumstances preceding the decision to move have been distressing so hopefully I will be in a better place when I find something else and I will gen up on procedures. I hadn’t planned to move again unless it was in a box!

Once a seller/vendor has accepted an offer, even verbally no further viewings can take place. Until missives are concluded, either side can walk away as it’s not legally binding until missives are done. You still cannot conduct viewings though.

Just for reference for your future property search, many estate agents here will not put a property as under offer or STC on websites until the offer is accepted in writing, and the buyer ID checks are done! So there will be a fair few properties that are not actually available to view even though they appear to be.

The market is wild here and you do really need to be fast, and persistent. Good luck next time :)