Special conditions in a property contract

Question 1

What are the pre-written standard conditions?

Answer 1

They deal with some of the more common amendments that the parties may want to make to the SCS and SCPC.

Question 2

What are some of the pre-written special conditions in the standard residential contract?

Answer 2

2. special condition allows the parties to amend the title guarantee from full (default) to limited by changing the front page.
3. Allows the parties to specify included and excluded contents on an attached list.
4. Allows the parties to state the property is sold with vacant possession or the property is sold subject to the following leases and tenancies.
5. allows the parties to agree a different time by which completion must have taken place.
6. Neither party can rely on any representation made by the other, unless made in writing by the other or his conveyancer, but this does not exclude liability for fraud or recklessness.
7. This special condition is concerned with adults (ie, over 18) who live in the property other than the seller.

Replies to enquiries (the property information form) should reveal any such occupiers.

The concern is that they may have an overriding right to occupation, and may refuse to leave. By signing the contract, the occupiers give the buyer comfort of getting vacant possession.

It is for the seller’s solicitor to obtain this signature, and the occupier should be advised to seek independent legal advice. (The seller’s solicitor cannot advise, as this would be a conflict of interest.)