In Scotland, most of the promises a seller makes in the missives can only be enforced for two years from settlement, because the Scottish Standard Clauses limit them to that period. Some obligations last longer, such as responsibility for council repair notices, and a buyer who was misled may have up to five years under the law of prescription. The six-year figure you see in many online guides comes from English law and does not apply to a Scottish sale.
This guide explains the two-year rule, the short deadlines that apply straight after the date of entry, how prescription works, when a misrepresentation claim can still be made, and the practical steps that reduce your exposure.
How long are you liable after selling a house in Scotland?
The answer depends on the type of claim. This table summarises the position under the Scottish Standard Clauses (Edition 6), which are widely used in residential sales, and the Prescription and Limitation (Scotland) Act 1973.
| Type of claim | Time limit | Where it comes from |
|---|---|---|
| Most warranties in the missives | 2 years from the date of settlement, unless court proceedings have started | Standard Clauses, clause 24 |
| Central heating and other systems not working | Buyer must notify in writing within 5 working days of settlement | Standard Clauses, clause 4 |
| Council repair notices dated on or before conclusion of missives | No time limit until the obligation is met | Standard Clauses, clause 6 |
| Small claims | No claim if the total is under £500 | Standard Clauses, clause 26 |
| Misrepresentation | Generally 5 years, often running from when the buyer knew or should have known of the loss | 1973 Act, sections 6 and 11 |
| Long-stop for damages claims | 20 years from the act or omission | 1973 Act, section 7 |
Your missives may differ from the standard terms if either side negotiated changes. Your solicitor will confirm what applies to your sale.
Why is the answer different from England?
England and Wales use the Limitation Act 1980, which gives six years for most contract claims. That Act does not extend to Scotland.
Scotland has its own contract terms, the missives, and its own rules on prescription. Scottish sellers also do not complete the English property information forms. The main statement a seller makes about the property is the Property Questionnaire in the Home Report.
What is the non-supersession clause?
Under the general law, the missives can be overtaken, or superseded, by the disposition that transfers ownership. A non-supersession clause keeps the missives alive after settlement so the buyer can still enforce the warranties in them.
Clause 24 of the Scottish Standard Clauses (Edition 6) provides that the missives cease to be enforceable two years after the date of settlement. A buyer can only claim after that if court proceedings were started within the two years, or if another clause excludes the time limit.
Clause 6 (statutory notices and common repairs) and clause 18 (settlement obligations) remain enforceable until fulfilled. Our guide to the Scottish Standard Clauses explains the other terms.
What do the Scottish Standard Clauses ask the seller to confirm?
These are the main promises that can lead to a claim within the two-year period.
- Systems: central heating, water, drainage, electric and gas systems will be in working order commensurate with their age at settlement.
- Appliances: since Edition 6, included appliances are sold as seen, with no warranty that they work.
- Awareness warranties: so far as you are aware, no flooding from a river or watercourse in the last 5 years, and no undisclosed structural defects, rot, damp, insect or animal infestation or Japanese knotweed.
- Alterations: building warrants and completion certificates for work in the last 20 years, and planning permission for work in the last 10 years.
- Property Questionnaire: it is true and correct to the best of your knowledge and belief.
- Guarantees and new-home warranty: guarantees for timber, damp, insulation and double glazing are handed over, and new-home warranty documents are delivered if the property was built or converted within the last 10 years.
Anything you disclose and the buyer accepts before the date of entry cannot found a claim under the missives.
How long does a buyer have to report a heating or plumbing problem?
Very little time. Under clause 4, the buyer must report a defect in writing within 5 working days of settlement, or they are treated as satisfied with the systems.
The seller only pays for repairs needed to restore working order, not upgrades. A lack of servicing, or the fact that a system does not meet current regulations, is not a defect in itself.
How does prescription work for claims against a seller?
Under section 6 of the Prescription and Limitation (Scotland) Act 1973, most obligations to pay damages are extinguished after five years. The period stops running only if the buyer makes a relevant claim, such as raising court proceedings, or the seller acknowledges the obligation.
The five years usually start when the loss occurs. Under section 11, as amended from 1 June 2022 by the Prescription (Scotland) Act 2018, the start is delayed until the buyer knew, or could with reasonable diligence have known, that loss had occurred, that it was caused by an act or omission, and who was responsible.
That delay cannot go on indefinitely. Since 28 February 2025, a 20-year long-stop for damages claims runs from the date of the act or omission itself.
Can a buyer still claim for misrepresentation after two years?
Possibly. A misrepresentation claim is based on a false statement that persuaded the buyer to conclude missives, rather than on a warranty in the missives themselves.
In Anwar v Britton (2018), the Sheriff Appeal Court held that the entire agreement clause in the missives did not prevent buyers relying on a pre-contract email about flooding. A claim of that kind is likely to be governed by the five-year prescription rather than the two-year contractual limit, so a false answer in the Property Questionnaire or to an enquiry can expose you for longer.
Our guide on what you must disclose when selling a house explains how misrepresentation claims work.
How can you limit your liability as a seller?
- Complete the Property Questionnaire carefully and update your solicitor if anything changes before missives conclude.
- Disclose known issues so they can be written into the qualified acceptance.
- Find consents for alterations early, and ask the council about a late completion certificate or letter of comfort if any are missing.
- Leave the heating, plumbing and electrics in working order on the date of entry.
- Hand over guarantees, warranties and factor details, and settle any repair notices before settlement.
- Keep copies of the Home Report, missives and correspondence for at least five years.
If a buyer contacts you after the sale, do not admit liability or agree to pay anything. Pass the correspondence to your solicitor, who will check whether the claim is in time and covered by the missives.
Getting advice before you sell
Most post-sale disputes start with an unclear answer or a missing document. Clear disclosure at the start, and careful negotiation of the missives, protect you after the date of entry. Our guide to concluding missives explains when the contract becomes binding.
Our sale conveyancing service handles the missives and disclosure for a fixed fee, and you can get a figure straight away from our quote calculator.
Kirsty Docherty, Head of Residential Conveyancing
Kirsty leads our residential conveyancing team and has over a decade of experience in residential property law in Scotland. Last updated 2 November 2026. This guide is general information about Scots law, not legal advice for your situation.
