Can a sale contract for property be amended?

Ms_Sophia

Hello all.
We're selling a flat, using a solicitors firm. They sent us a sale contract, but we want to add a few points there. And now our solicitors flatly refused to make any changes saying "We are both accredited by the Law society CQS scheme and amendments to contracts for standard sales are not allowed."

Can it be true? I'm quite surprised by this response cause when we bought this property we used the same solicitors. In that case the sale contract was very different vs what they've sent us now. However it didn't stop them from proceeding that sale. So the contract could be amended, I'd have thought?

G_M

Rubbish.

Most solicitors use the Standard Conditions of Sale 5th Edition, which has a section "Special Conditions' at the end."

Of course, it may be that you are attempting to add a change that is legally unacceptable. What 'points' do you wish to add?

Ms_Sophia

Thanks for replying.
The thing is that he's saying he hasn't had the time to read those points I've added - but regardless what is in there it wouldn't be possible.
Actually, the points I've added I have taken from the sale contract that I signed when I was buying the same property! And that sale went thru the same solicitors from my side. And at that time they didn't have any problems with that contract although it definitely was not a standard one and had a number of "special conditions".
And now this solicitor is saying he would only act on our sale if the contract is standard and nothing else is added in there!

alchemist.1

Essentially he is saying he is not prepared to amend the contract for the fixed fee you will pay him

chappers

Yep sounds like a simple cut and paste job, you could always find another solicitor.

Ms_Sophia

chappers wrote: »

Yep sounds like a simple cut and paste job, you could always find another solicitor.

Yes, that's what I'm thinking. But I just wouldn't want to pay this one and then hire another one, and pay him as well.
I just wondered how much the current one would charge me if I fired him now... What he managed to do so far (in 2 weeks) is sent me a couple of forms (leasehold for, fixtures and fittings form) - I then filled them in and sent back. And he also sent me a sale contract - a standard one, that is.

G_M

Well best thing to do is ask him
* how much extra for him to read the special conditions you're proposing and get them incorporated into the contract and
* how much he'd charge if you terminate the contract with him

Trouble is these days that the conveyancing market has become very competative, with licenced conveyancers, legal executives, conveyancing warehouses, all taking on the tradiional solicitors.

The result is that prices quoted are constantly squeezed to attract clients (who seem happy to pay estate agents thousands to do very little but resent paying hundreds to highly trained conveyancers - another story!). So anything that adds to the conveyancer's workload eats into that already tight profit.

SmlSave

The firm I work for is a CQS company and my boss also says that we're not allowed to amend the standard contract wording.

We can add Riders but not amend the standard contract clauses on the second page.

What things are you trying to add OP?

SmlSave

I found this on the law society:


some accredited practices continue to add additional special conditions to the contract. These could be in breach of their obligations under step 24 of the Protocol. The Protocol requires that the most up-to-date versions of the Standard Conditions of Sale are used; currently the fifth edition. There is an overriding obligation to act in the best interests of the client, but step 24 notes that special conditions should not be included unless:

'… they are necessary to accord with current law, or specific and informed instructions have been given by the seller that inclusion of such clauses is necessary and they are required for the purposes of the particular transaction'.

G_M

or specific and informed instructions have been given by the seller that inclusion of such clauses is necessary and they are required for the purposes of the particular transaction'.

which seems to be exactly what the OP is doing.

Though with the proviso that he's still not explained what the changes he wants are (so may not be 'informed instructions').

Ms_Sophia

Thanks guys for the replies.

What we'd like to include is a few points such as:
[FONT=&quot]1. The Buyer confirms that it has been afforded opportunity to satisfy itself as to any notices served in relation to the property by making appropriate enquiries of all the relevant persons in this regard and the Buyers purchases with full knowledge of all such matters (if any) and shall raise no objection nor demand any contribution from the Seller in relation thereto.
[/FONT]2. With effect from exchange of this contract, the Property is solely at the Buyer's risk and the Seller is under no obligation to the Buyer to insure the Property. No damage to or destruction of the Property nor any deterioration in its condition, however caused, will entitle the Buyer either to any reduction of the Purchase Price or to refuse to complete or to delay completion.
[FONT=&quot]3. The Buyer confirms that the Buyer has had the opportunity to inspect the registered title of the propertyincluding the title plan the registered lease and the restrictive covenants affecting the [/FONT][FONT=&quot][FONT=&quot]property [/FONT](if any) and the property itself and the Buyer purchases on the basis that it is deemed to have done so in each case. In the event of any adverse issues any discrepancy between the physical layout or extent of the [/FONT][FONT=&quot][FONT=&quot]property [/FONT]and such layout or extent as shown in the registered title and/or the registered lease or any alterations having been undertaken to [/FONT][FONT=&quot][FONT=&quot]the property [/FONT]at any time whether with or without the consent of the landlord the Buyer acknowledges that the Buyer is deemed to purchase with full knowledge of all matters (if any) and the Buyer shall raise no enquiry requisition or objection thereon or thereto nor shall demand any contribution from the Seller in relation thereto. [/FONT]
4. The Buyer shall raise no requisition of the Seller due to unavailability or loss of any keys or deeds relating to the Property.

Sorry for the long post, it seemed easier to copy-paste from the contract