Scottish Standard Clauses

lydriver

reading through a qualified acceptance from the sellers solicitors

one of the qualifications is that 'Condition 7 is deleted as inapplicable'

the offer is for a flat, in a factored building

I could be getting it wrong but I don't see why it shouldn't apply

also - I'm 99% sure my mortgage will be fine but I don't have the offer yet - is it standard to conclude missives before having the offer?

I'll speak to solicitors tomorrow but doesn't it seem strange to have that one deleted?

davidmcn

lydriver wrote: »

reading through a qualified acceptance from the sellers solicitors

one of the qualifications is that 'Condition 7 is deleted as inapplicable'

the offer is for a flat, in a factored building

I could be getting it wrong but I don't see why it shouldn't apply

also - I'm 99% sure my mortgage will be fine but I don't have the offer yet - is it standard to conclude missives before having the offer?

I'll speak to solicitors tomorrow but doesn't it seem strange to have that one deleted?

I'd expect the clause to remain (unless they're replacing it with their own preferred wording).

You'd generally want your mortgage offer before concluding, unless you were very confident you can sort out your financing in time.

googler

We can't tell you anything without knowing what Condition 7 in your offer actually was. It's not one of the standard clauses that is being deleted, it's one of the conditions that your offer contains.

See here

https://www.lawscot.org.uk/media/417466/SSM-CLIENT-GUIDE.pdf

"The Purchaser hereby offers to purchase from your client (hereinafter referred to as “the Seller”) the Property at the Price and upon the conditions contained in the Scottish Standard Clauses ( Edition 1) ...... and upon the following further conditions:-

(First) The Price will include the following additional items (if any): [Click here]

(Second) This offer unless earlier withdrawn is open for verbal acceptance by -pm (insert time and date) ...

(Third) This offer and any contract to follow hereon are entirely conditional upon (a) a satisfactory survey report ..."

See the First, Second, Third? They are deleting the Seventh from your offer. We can't tell what that is without you quoting it from the offer

lydriver

sorry, I shortened the actual wording a bit
it says 'Condition 7 of the Standard Clauses are delete as inapplicable'

there's a part about the title deeds being shown before sale completed, giving a chance to pull out after missives completed if anything isn't satisfactory - could that override condition/clause 7?

davidmcn

lydriver wrote: »

sorry, I shortened the actual wording a bit
it says 'Condition 7 of the Standard Clauses are delete as inapplicable'

there's a part about the title deeds being shown before sale completed, giving a chance to pull out after missives completed if anything isn't satisfactory - could that override condition/clause 7?

No, you still want it in. Just discuss with your solicitor, it's possibly been deleted in error.

lydriver

thanks

15 is also requested to be deleted, will need to query that too

will definitely speak to solicitor, just wanted an idea before I spoke to them to make it easier to understand when they're trying to explain things

davidmcn

lydriver wrote: »

15 is also requested to be deleted, will need to query that too

That's fairly normal - they'll prefer to exhibit their title deeds and let your solicitor check them now, rather than leave it as a suspensive condition in the contract.