What is a draft contract and what happens next?
What is a draft contract and what happens next?Once your offer has been accepted and your conveyancer has been instructed, the seller’s solicitor will send over adraft contract pack. This is one of the key legal documents in your transaction, setting out the terms of the sale.
draft contract packUnderstanding what’s in the draft contract and what happens next will help you stay informed and prepared.
What is included in the draft contract pack?
What is included in the draft contract pack?Theseller’s solicitorprepares the draft contract, which typically includes:
seller’s solicitor📌The contract of sale– Outlines the agreed purchase price, deposit amount, and proposed completion date.
The contract of sale📌Title deeds– Confirms ownership and details of any restrictions, covenants, or rights affecting the property.
Title deeds📌Property information forms– Completed by the seller, covering boundaries, disputes, alterations, and guarantees.
Property information forms📌Fittings and contents form (TA10)– Specifies what is included in the sale (e.g., appliances, carpets, light fittings).
Fittings and contents form (TA10)📌Leasehold information (if applicable)– Ground rent, service charges, and lease terms (for flats or leasehold houses).
Leasehold information (if applicable)💡Fact:The draft contract isnot legally bindinguntil contracts are signed and exchanged.
Fact:not legally bindingWhat happens after receiving the draft contract?
What happens after receiving the draft contract?Once your conveyancer receives the draft contract pack, they will:
✔Review the contract terms– Checking for any unusual clauses or unfair conditions.
Review the contract terms✔Examine the title deeds– Ensuring the seller has the legal right to sell the property.
Examine the title deeds✔Raise enquiries– Asking the seller’s solicitor for clarification on any issues or missing information (often done once all searches are back).
Raise enquiries✔Check leasehold details (if applicable)– Reviewing the lease length, service charges, and any restrictions.
Check leasehold details (if applicable)💡Important:Your solicitor cannot move forward without receiving this pack, so Open Moove will help to ensure that the seller’s solicitor sends it promptly.
Important:What do you need to do as a buyer?
What do you need to do as a buyer?While your solicitor reviews the legal details, you should:
✔Review the fittings and contents form– Ensure all agreed items (e.g., white goods, curtains) are listed.
Review the fittings and contents form✔Confirm your deposit amount– Be ready to transfer funds when contracts are exchanged.
Confirm your deposit amount✔Ask questions early– If anything in the contract is unclear, ask your solicitor to explain it.
Ask questions early✔Be patient– Your solicitor will raise enquiries to protect you - rushing this stage can lead to problems later so be patient with them.
Be patient💡Tip:Buyers who stay engaged and responsive during this stagehelp speed up the transaction.
Tip:help speed up the transactionWhat Open Moove suggests next
What Open Moove suggests next• Check that the draft contract includes everything agreed upon - if not, flag it to your conveyancer.
• Allow your solicitor time to raise enquiries - this is an essential step to protect your purchase.
• Start preparing your deposit funds - you’ll need them ready for exchange.
• Download the Open Moove app to track your progress and ensure a smooth transaction.
