HELP! Suspect Contract of Sale

ryanthelion84

Hi,

I'm trying to understand if my the contract of sale I have received from the sellers solicitors contains normal legal speak relative to the sale of a housing association property, or whether there are some things I need to be mindful of. Sadly I have little faith in my solicitors to inform me competently.

I'm specifically interested in the bits highlighted.

Your Contract
AGREEMENT FOR SALE
(Incorporating the Standard Conditions of Sale (Fifth Edition)

Property (freehold) : All the land and building known as BLANK being that part of the Title
Number shown edged red on the plan annexed hereto

Title Number : BLANK

Specified Incumbrances : The matters contained or referred to in the above Title
Number (other than financial charges) and all easements
rights privileges and liabilities which affect or are likely to
affect the Property without any obligation on the part of the
Seller to disclose the same

Title Guarantee : Limited

Completion Date :

Contract rate : Law Society’s interest rate

Purchase Price : £210,000 (Two Hundred and Ten Thousand Pounds)

Deposit : £

Balance :

The Seller will sell and the Buyer will buy the Property for the Purchase Price
on the terms of this Agreement
WARNING
This is a formal document, designed to
create legal rights and legal obligations.
Take advice before using it.

SPECIAL CONDITIONS
1.
a) This Contract incorporates the Standard Conditions of Sale (Fifth Edition).
b) The terms used in this Contract have the same meaning when used in the Conditions.

2.
a) Subject to the terms of this Contract and to the Standard Conditions of Sale, the Seller is to
transfer the Property with either full title guarantee or limited title guarantee, as specified on the
front page and as more particularly specified in the Transfer annexed hereto.
b) The Property transferred is held by the Transferor in trust for Heart of England Housing
Association Limited, an exempt charity.

3.
a) The sale includes those contents which are indicated on the attached list (if any) as included in the
sale and the buyer is to pay the contents price for them.
b) The sale excludes those fixtures which are at the property and are indicated on the attached list (if
any) as excluded from the sale.
c) The Property is otherwise “sold as seen”.
4. The Property is sold with vacant possession.
5. Conditions 6.1.2 and 6.1.3 shall take effect as if the time specified in them were 1.00pm rather than
2.00 p.m.

6. Representations

Neither party can rely on any representation made by the other, unless made in writing by the other or
his conveyancer, but this does not exclude liability for fraud or recklessness.

7. Transfer
The Transfer of the Property shall be in the form annexed hereto.

8. Disclaimer

8.1 The Buyer admits that:

8.1.1 they have had the opportunity to inspect the Property and purchases it with full
knowledge of its actual state and condition and shall take the Property as it stands;

8.1.2 they agree to purchase the Property solely as a result of their own inspection and
on the basis of the terms of this Agreement and not in reliant upon any
representation or warranty either written or oral or implied made by or on behalf
of a Seller save in written replies to enquiries provided by the Seller’s Solicitors
prior to this Agreement;

8.1.3 unless otherwise specifically stated in the appropriate reply or in correspondence
in answering any enquiries relating to the Property the Buyer acknowledges and
accepts that the Seller is not an expert with any particular professional knowledge
as to the state and condition of or as to the environs of the Property that the
Seller has not followed up any of the enquiries with neighbours or statutory
authorities nor any undertakers supplying any services to the Property if any.

8.2 In the light of the decision in William Sindall plc v Cambridgeshire County Council it is
hereby agreed and declared that replies to any enquiries are given to the best knowledge
information and belief of the Seller but neither the Seller nor their solicitors have made further
enquiries into such matters (such as without limitation conducting a site inspection or making
specific enquiries of statutory utilities) and the replies are therefore given on that basis.

8.3 The parties hereby agree and declare that this Agreement contains the entire agreement
between the parties to the exclusion of any terms which may have been agreed between the
parties and which are not expressly set out herein.

[/I]


Any help and advice greatly appreciated!

Thanks!

R Harris

alchemist.1

Why are you using the firm of solicitors if you have no faith in them? And asking randoms on the internet

There is nothing in there out of the ordinary. Essentially, "buyer beware" but that is with all property sales.

G_M

Solicitors are legal experts. You are paying them to check the property Title, ensure it is transferred to you, and protect you from any legal risks.

If you really don't trust them, change them.

Otherwise, insist that they do their job by explaining the contract to you.

Having said that:

Specified Incumbrances : The matters contained or referred to in the above Title
Number (other than financial charges) and all easements
rights privileges and liabilities which affect or are likely to
affect the Property without any obligation on the part of the
Seller to disclose the same
The property comes with some 'incumbrances' (obligations, limitations etc). Many properties do so this is normal. However, you need to understand what the incumbrances are!

The seller does not have to tell you - you (and your solicitor) must find out.

They are shown in the Title of the property (you should have a copy from your solicitor, or can get a copy for £3 from the Land registry). The Title may also refer to other documents showing the incumbrances in full - so you need to read that too.

Ask your solicitor to
a) show you the documets and
b) explain them to you

Title Guarantee : Limited
See:
http://www.practicalconveyancing.co.uk/content/view/9559/1242/

8.1.2 they agree to purchase the Property solely as a result of their own inspection and
on the basis of the terms of this Agreement and not in reliant upon any
representation or warranty either written or oral or implied made by or on behalf
of a Seller save in written replies to enquiries provided by the Seller’s Solicitors
prior to this Agreement;
Fairly normal and self-explanatory
8.1.3 unless otherwise specifically stated in the appropriate reply or in correspondence
in answering any enquiries relating to the Property the Buyer acknowledges and
accepts that the Seller is not an expert with any particular professional knowledge
as to the state and condition of or as to the environs of the Property that the
Seller has not followed up any of the enquiries with neighbours or statutory
authorities nor any undertakers supplying any services to the Property if any.
As above
8.2 In the light of the decision in William Sindall plc v Cambridgeshire County Council it is
hereby agreed and declared that replies to any enquiries are given to the best knowledge
information and belief of the Seller but neither the Seller nor their solicitors have made further
enquiries into such matters (such as without limitation conducting a site inspection or making
specific enquiries of statutory utilities) and the replies are therefore given on that basis.
as above

Basically, as alchemist says above: "buyer beware". The seller may answer your (solicitor's) questions as best he can, but he is not an expert so cannot guarantee his answers. You must check everything yourself.

All the more reason to visit your solicitor, sit down with him, and get answers/explanations.

(or are you using a cheap online firm you can't visit/talk to etc...... :eek:?)

mrginge

Two threads stating your unhappiness with your solicitor.

Yet you seem more happy to accept advice from people who are unqualified, have no contractual relationship with you, or both.

The answer would seem to be - get a new solicitor.

G_M

mrginge wrote: »

Two threads stating your unhappiness with your solicitor.

Yet you seem more happy to accept advice from people who are unqualified, have no contractual relationship with you, or both.

The answer would seem to be - get a new solicitor.

Well spotted. I answered both without seeing the connection.

Either get a new solicitor or DIY (if you trust yourself and aren't getting a mortgage).

melstar11

It all seems pretty normal to me. Maybe last time you didn't read things as closely. Or, given the pain of the process, you've blanked it out. These things take time. While your purchase may be your number one priority, the solicitor will be dealing with several matters concurrently.

ryanthelion84

Thank you all for your replies, they are greatly appreciated, specifically the one from G_M who has added the context I was after which thankfully aligns for the most part with my gut.

I shall be running all of this by my solicitors in what is likely to be a long session on the phone tomorrow anyway, but it's good to get 'industry' advice from those participating in this forum who have the relevant knowledge and or experience.

Regards,

Ryan

ryanthelion84

mrginge wrote: »

Two threads stating your unhappiness with your solicitor.

Yet you seem more happy to accept advice from people who are unqualified, have no contractual relationship with you, or both.

The answer would seem to be - get a new solicitor.

It's worth noting there was a reason they were posted separately.