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Sale conveyancing: drafting the contract

Sale conveyancing - drafting of contractDrafting the contract is undoubtedly a very important task assigned to the seller’s conveyancing solicitor. He has to ensure that the entire draft is carefully worded, so as to avoid further complications and that no points are omitted. A well drafted contract enables a smooth and speedy transaction, but a badly drafted contract only leads to delay and even litigation in some cases.

Before the actual transfer of land takes place, it is important that both parties enter into a contract to transfer the title. The contract explains details of the transaction including the extent of land to be sold, the price at which it is being sold, the date of transfer of title etc.

Most details included in the contract are known to the seller and hence the responsibility of preparing the document falls on him. The conveyancing solicitor acting on behalf of the seller prepares two identical copies of the contract; both of these are sent to the buyer for his approval. This draft is actually sent as a part of the pre-contract package. The buyer is under no obligation to approve terms that are unfavourable to him. If the buyer is at disadvantage with respect to the bargain (when there is a defect in the property), he can very well argue until the terms are tilted in his favour.

Photo courtesy: neepster

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