Solicitors Arguing

davidmcn

Logicon wrote: »

Remember exchanging contracts has to be done unconditionally, meaning there can't be any outstanding conditions, clauses, charges or restrictions that one or both parties are in disagreement with.

They need to agree what is in the contract, that doesn't mean they need to interpret the clauses in the same way or that the contract can't be unconditional.

bobobski

Logicon wrote: »

Remember exchanging contracts has to be done unconditionally, meaning there can't be any outstanding conditions, clauses, charges or restrictions that one or both parties are in disagreement with.

Of course the contract can be conditional, otherwise it wouldn't be possible to exchange on a new build until the house was built (condition = house is built). What you mean is that you can't exchange contracts until there is a contract to exchange, i.e. if you can't agree on the contents, there is no contract, so there is nothing to exchange.


OP, I think the problem is that the clause doesn't necessarily protect you from future matters, depending on how it is interpreted. If a future planning agreement that affects your property comes into effect, what this clause (arguably) does is make you liable under that planning agreement even before it exists. I suspect your solicitor is trying to limit this clause only to matters in existence and discoverable at the date of exchange. As a general principle this clause should not be too onerous provided your solicitor has carried out all normal searches and enquiries (and if possible changes "prudent" to "reasonable"). In addition, your solicitor could include a provision to say that the vendor confirms that it has disclosed all such matters in existence at the date of exchange and within the vendor's knowledge, prior to the date of exchange - puts a bit of pressure on them not to hide stuff. Just my opinion - take it for what it is

lika_86

Sounds fairly reasonable to me. Buying a property relies upon the buyer to carry out searches etc - caveat emptor. Your solicitor should be doing all this checking anyway.

steampowered

You should ask your solicitor for advice.

Ask your solicitor to explain what the risk of accepting that clause would be. Perhaps it is best to do that with a phone call.

You can then make an educated decision as to whether you are happy to accept the risk or not.

Bluestraw

Thank you everyone for the replies / advice. Going to speak to my solicitor first thing tomorrow and try to get this resolved. I feel like I'm on more certain ground after hearing these opinions so thank you.

Bluestraw

Good news - today we managed to reach a compromise and have exchanged contracts! For sure the advice here helped to give the confidence to push for this rather than giving in to the agent, thanks again.