House buying - Special Conditions

fountainradar

Just trying to understand the special conditions - House being bought is in England and unoccupied.
This Contract incorporates the Standard Conditions of Sale (Fifth Edition – 2018 Revision).

1. Subject to the terms of this Contract and to the Standard Conditions of Sale, the Seller is to transfer the Property with the title guarantee as specified on the front page.
Isn't this usually what happens?

2. The Property is sold subject to the Specified Incumbrances on the Property and the Buyer will raise no requisition on them.
What are specified incumbrances? We haven't been told about any?

3. The sale includes those contents which are indicated on the attached list as included in the sale and the Buyer is to pay the contents price for them.

What? Why am I to pay for the 'included' content? The list of items doesn't have any price written next to it?

4. The sale excludes those fixtures which are at the property and are indicated on the attached list as excluded from the sale.
Why should this be a special condition?

5. Conditions 6.1.2 and 6.1.3 shall take effect as if the time specified in them were 1.00 pm rather than 2.00 pm

What could be the reason?

davidmcn

fountainradar said:

Just trying to understand the special conditions - House being bought is in England and unoccupied.
This Contract incorporates the Standard Conditions of Sale (Fifth Edition – 2018 Revision).

1. Subject to the terms of this Contract and to the Standard Conditions of Sale, the Seller is to transfer the Property with the title guarantee as specified on the front page.Isn't this usually what happens?

The point is that the type of title guarantee is that stated on the front page. You haven't told us what that says.

2. The Property is sold subject to the Specified Incumbrances on the Property and the Buyer will raise no requisition on them.What are specified incumbrances? We haven't been told about any?

They're the ones (if any) stated on the front page. You haven't told us what that says.

3. The sale includes those contents which are indicated on the attached list as included in the sale and the Buyer is to pay the contents price for them.

What? Why am I to pay for the 'included' content? The list of items doesn't have any price written next to it?

So you're paying £0 for them. Hurrah!

4. The sale excludes those fixtures which are at the property and are indicated on the attached list as excluded from the sale.Why should this be a special condition?

Because otherwise they wouldn't be excluded. Is there an attached list?

5. Conditions 6.1.2 and 6.1.3 shall take effect as if the time specified in them were 1.00 pm rather than 2.00 pm

What could be the reason?

So the solicitors have a better chance of having enough time to do a bank transfer back out again with your funds.

Falafels

David has covered most of your queries, but regarding incumbrances - these could include mortgages or easements, if there are any. There may well not be. If none has been specified, then it sounds like that's a standard catchphrase which doesn't apply in your particular case, and there's no need to worry.

If you don't understand any of the terms in a contract, ask your solicitor about them.