Contract Riders

ggpowell2

I just wondered how many people have had contract riders included in their purchase/sale and whether you signed them, it seems bizarre to me that my solicitor is stating the rider (which is just a clause written on blank paper) will be incorporated into the contract when it is not written as a part of the contract nor is it going to be signed or have any explanation of what it relates to, it is a random clause on a piece of paper which to me seems completely unrelated unless something is signed or written in to connect it to the contract? I've also asked why it cannot be added under the additional clauses in the contract but they seem unwilling to update this document, it all just seems odd, I guess I am looking for reassurance that this is common practice and not an error on my solicitor's part?

davidmcn

Why are you agreeing to clauses with no explanation of what it's about? Have you really no idea?

ggpowell2

davidmcn wrote: »

Why are you agreeing to clauses with no explanation of what it's about? Have you really no idea?

I understand the clause, I do not understand how it becomes part of the contract when it is on a completely separate sheet and will not be signed nor will the sheet reference the contract, it is the process of including it in the contract I have issue with...

Tiglet2

Many solicitors will add a Rider to the contract in respect of a retention clause, i.e. that the retention can be held by the seller's solicitors until such time as the final accounts are produced or for a period of 12 months, whichever is sooner. Is this similar to your situation?

Flat_Eric

Riders will record something pertinent to your case and effectively act as an aide memoir to all concerned as to what has been agreed. It may seem trivial to have it on a separate sheet of paper but that's usually how they are presented. If you look at your Contract, you'll probably see the Contract clauses are in a pre printed format so can't be easily amended hence why extra clauses or amendments are handwritten or a Rider added

da_rule

A document can be incorporated into a contract by reference. It doesn’t have to be individually signed or built into the contract.

Lots of contracts are made by referencing other documents (i.e. a party’s terms and conditions).

ggpowell2

da_rule wrote: »

A document can be incorporated into a contract by reference. It doesn’t have to be individually signed or built into the contract.

Lots of contracts are made by referencing other documents (i.e. a party’s terms and conditions).

So as long as the contract references riders generally it can be binding?

princeofpounds

So as long as the contract references riders generally it can be binding?

Absolutely. It forms part of the contract, just written on a separate sheet of paper.


From the law society below, it seems to imply that certain special conditions are generally done using riders. I assume that's because standard templates are used for the basic conveyancing contracts.


The solicitor really should be able to explain this better, but it doesn't appear anything odd is going on (assuming you agree to clauses in the rider itself)


https://www.lawsociety.org.uk/support-services/accreditation/conveyancing-quality-scheme/newsletter/when-are-special-conditions-of-sale-appropriate/

loubel

A rider is a standard way to add to the contract conditions. When the contracts are exchanged by the solicitors, they read through their respective copies to confirm that they each hold an identical contract, including any amendments or additions. The originals are then posted to each other. Contracts are regularly amended by hand or addition of a rider either on or prior to exchange to avoid having to redraft the entire document at a late stage in the transaction. Your solicitor should explain the content and effect of any significant changes made after you have signed though.