Two closing dates on the same day - can I offer on both? (Scotland)

katiecops

My partner and I have been trying to buy a flat in Glasgow, and despite making good offers on quite a few places over the past few months we haven’t had one accepted yet. The market is moving very quickly at the moment, with almost everything going to a closing date (sometimes with 30 notes of interest!).

We’ve recently viewed 2 flats we like (in the same building, same floor, opposite each other!), but the closing dates for offers have been set for the same date, same time. They’re both with different estate agents, and when our solicitors informed them of the clash, both EAs seemed to think this wasn’t ideal but neither have been willing to shift the closing date.

Ideally we’d like to offer on both, but our solicitors are being cagey about whether this is possible...they seem to think not, but I’m finding it hard to get an answer on whether this is a legal no-no or more of a courtesy to the vendors/EAs? As far as I was aware, our offer isn’t legally binding until missives are complete, so I don’t see the issue with making 2 offers and pulling out of one in the (highly unlikely!) event that both were accepted...

Can anyone shed some light?

davidmcn

It's definitely not the done thing, and generally solicitors work to professional guidance which deters such mucking about of the other party (and of everybody else involved in the closing date). If you were going to be upfront about it (ie "this offer is conditional on us not proceeding with the other one") then it would be fine.

For reference, the relevant Law Society guidance is here.

No specific reference to your scenario, but note that offers do need to be explicitly conditional on survey or mortgage offer if you know you have those requirements. So I would say the same principle applies here i.e. you already know of a reason personal to you why you might want to back out, so need to put it in the offer.