Draft Contracts

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Our quest to buy a house continues and today we're visiting the incognito solicitors to sign the draft contracts with a view to exchange and complete on Friday.

A slight blip is that we have yet to see any documentation at all from them. Nothing. Nada. Not a bean. So as we're going to be under pressure to review all the associated paperwork at 4pm this afternoon, is there anything in particular I need to focus on, anything I need to make sure is or isn't in there? They won't rush me, as I like to be thorough, but forarmed is forwarned.

Thanks in advance.
 
The contract should contain the following:

the sale price
the property boundaries
which fixtures and fittings (like carpets and kitchen units) are included
any legal restrictions or rights, like public footpaths or rules about using the property
any planning restrictions
services to the property, like drainage and gas
when the sale will complete

You want to check all these, the important ones are:

Property Boundary - You want to check the drawing matches the existing fencing, building curtilage as you don't want to end up with a neighbour making a boundary dispute down the line.

Fixtures & Fittings - Should have been discussed at offer stage already but ensure it matches any agreement made. It may sound simple but if it's not specifically mentioned in the contract the seller can take it with them and it's a pain to have to get new carpeting/light fixtures/any white goods if you haven't specifically allowed for them.

Legal restrictions - Fairly obvious, make sure there aren't any utility wayleaves etc (things like water mains etc running through the property boundary) as these would restrict any future development/extensions etc. You'd also have to make reasonable access available to the owner of the utility if there is a wayleave. Some areas also have restrictions on smoke (no open fires/chimneys etc), what you can/can't install on the building (could include items like satellite dishes etc).

Planning restrictions - Similar to above, your solicitor should make you aware of any planning restrictions on the property.

Services - As above, just check it matches what you are expecting. If it's urban there should already be existing electrical, mains water and mains drainage along wiht telecoms and mains gas. If it's rural, electric is a given but you may not have a mains water supply (could be borehole etc), may not have mains drainage (could be a septic tank) and gas may be bottled supply rather than mains. All of these have different costs to mains supply and also normally require annual maintenance and associated fees.

Completion Date - Pay attention to this one!! Make sure it matches when you expect.

As a general rule, your solicitor should already have reviewed the draft contract and should make you aware of anything of significance but ask for a quick rundown of the above items.
 
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If there are mortgages involved, you'll be very unlikely to both exchange and complete on Friday - it can take several days for the mortgage company to transfer funds AFTER the contracts have been exchanged.

And having practically no time at all to review documentation is a **** situation to be in, what happens if the surveys have thrown up potential big bills? You'll have to make immediate decisions without the ability to research anything.
 
Thank you both, some excellent points to consider. The solicitors have been very backwards in coming forwards and have consistently promised to send us documentation through that has never materialised. We are where we are though. Pah.
 
The right solicitors makes all the difference!

First time I bought a play I used the solicitors suggested (paid) by the mortgage company, thinking they must have a good connection/working relationship. Turned out to be a nightmare very slow, troublesome and took a lot of input from me to get anything to happen.

The next time I went with the family solicitor and it was excellent get everything done sorted in under 2 weeks after putting the offer in. And they told me what I had to do rather than the other way round which was much more reassuring! This time included contact changes between us and the seller as noted bellow.


From my last experience some things to look out for and the solicitor should advise you about: (my not apply as 1. I'm in scotland 2. I was buying a px from a builders)

- The contract being heavily weighted in the sellers favour (penalty clauses, dates etc)
- Sold as seen stuff they tried this on the heating/plumbing
 
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