The draft contract sets out the legal terms of your sale before either side is bound by them. Reviewing it properly now, rather than rushing it, is what catches title issues, missing guarantees, and boundary questions while there's still time to sort them out.
What actually is the draft contract?
It's prepared by the seller's conveyancer and sent to the buyer's conveyancer for review. It sets out the property being transferred, the agreed price, which fixtures and fittings are included or excluded, the title details, and the proposed conditions of sale. As a seller, your conveyancer prepares it. As a buyer, yours reviews it and raises any queries or proposed amendments.
Why does this stage matter so much?
This is when your conveyancer examines the legal position of the property and identifies anything that needs resolving before exchange, title issues, covenants or restrictions, missing guarantees, unclear boundaries. Catching these now, rather than at exchange or after completion, is exactly the point of the exercise.
What happens behind the scenes?
Your conveyancer reviews the title register held at HM Land Registry to confirm ownership and check for any charges, restrictions, or covenants affecting the property. They'll also review the seller's TA forms, the standard property questionnaires covering boundaries, disputes, planning history, alterations, leases, and fixtures and fittings. Anything that raises a question gets sent to the other side as a formal legal enquiry.
What should you actually do at this stage?
As a seller, complete your TA forms carefully and honestly. They form part of your legal disclosure, and inaccuracies can create genuine liability later. As a buyer, trust your conveyancer to review the contract thoroughly, and respond promptly to any request for additional information. Don't be alarmed if queries come back. That's entirely normal, and most are resolved without drama. If there's something specific you want confirmed, what's included in the sale, the state of a boundary, recent works, tell your conveyancer now rather than assuming it'll come up on its own.
| At this stage | Why it matters |
|---|---|
| Complete TA forms honestly (sellers) | They're part of your legal disclosure, not a formality |
| Respond promptly to queries (buyers and sellers) | Delay here directly delays everything downstream |
| Expect some back-and-forth | Normal, and rarely a sign of a problem |
| Flag anything specific you want confirmed | Easier to resolve now than after exchange |
Frequently asked questions
- What is the draft contract in a property sale?
- The document setting out the legal terms of the sale, prepared by the seller's conveyancer and reviewed by the buyer's.
- What are TA forms?
- Standard property questionnaires the seller completes, covering boundaries, disputes, planning history and fixtures. Part of legal disclosure.
- Is it normal for queries to be raised at this stage?
- Yes. Entirely normal and usually resolved straightforwardly.
- What is my conveyancer checking at the Land Registry?
- The title register, for ownership and any charges, restrictions, or covenants, alongside the seller's TA forms.
This guide is general information for home movers in England and Wales, not legal advice.