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Memorandum of Sale

Is it common practice for an EA to say they will only send the MoS to both parties solicitors, rather than also providing a copy to the vendor and buyer directly? I know I can ask the solicitor for a copy but it strikes me as strange.

Comments

  • GoogleMeNow
    GoogleMeNow Posts: 364 Forumite
    Fourth Anniversary 100 Posts Name Dropper Photogenic
    The MoS definitely used to be sent to everyone, but it is the solicitors who need the contact details of the other solicitor and the seller/purchaser names, so perhaps EAs are streamlining paperwork by now only sending to the solicitors acting on either side.  Could it also be down to GDPR, although I'm not familiar with the rules here?
  • Slinky
    Slinky Posts: 11,639 Forumite
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    We never got one, and I wondered later if it was because the vendor's timescale to complete was completely at odds with what we wanted. I just got given their solicitor's details over the phone.
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  • user1977
    user1977 Posts: 19,489 Forumite
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    Could it also be down to GDPR, although I'm not familiar with the rules here?
    Nope. If data shouldn't be disclosed to one of the parties, you shouldn't be disclosing it to their agents either.
  • eddddy
    eddddy Posts: 18,539 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Bungle22 said:
    Is it common practice for an EA to say they will only send the MoS to both parties solicitors, rather than also providing a copy to the vendor and buyer directly? I know I can ask the solicitor for a copy but it strikes me as strange.

    That sounds like an unhelpful approach by the EA.  I can't see any benefits to anyone in doing that.

    If the EA has made a mistake on the MoS, it might take longer to come to light. And the solicitor might not realise there's a mistake, and proceed as though it's correct.

    If the MoS was sent directly to the buyer and seller, they could check it and inform all parties that there's a mistake much more quickly.


  • Our vendor's EA sent the MoS to us via email and to our solicitor by post.
    Was a good thing it also came to us, as they'd used the wrong address for the solicitor. 
    It might be some EA's own practice to only send to sols but seems it isn't necessarily standard.
  • tooldle
    tooldle Posts: 1,672 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    We received a copy by email. At the time though I did wonder why I had sight of  our purchasers address. 
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