What is the Draft Contract Pack in Conveyancing?

The draft contract pack is the collection of legal documents prepared by the seller's solicitor and sent to the buyer's solicitor. It is the first legal stage in the conveyancing process, as it means the seller has instructed their solicitor and is moving things along. Without this pack, the buyer's solicitor cannot raise their formal legal enquiries or order the necessary property searches.

Typically, it takes one to two weeks after the Sales Memorandum has been issued for a solicitor to issue the pack, depending on how quickly the seller completes the initial paperwork.

What is included in the draft contract pack?

1

Contract of sale

This is the legal contract that is used to formally bind the seller and buyer into the transfer of the legal title. Most contracts include the standard conditions of sale, which can be viewed here along with a blank contract Contract of Sale. Some terms within a contract aren't standard, and it is the buyer's solicitor who checks the contract for any terms they feel are not favourable to the buyer or could put them at a disadvantage, legally or financially.

Unlike many contracts, a property contract isn't binding until exchange of contracts, so if you sign it, it doesn't mean you are legally bound to buy the property (although you can pull out after exchange and bear the costs).

After the draft contracts have been received and the title check is completed, you'll be sent the contract for signing, and you'll note that there are often a lot of handwritten amendments to the contract. This is normal, as this will have been changed by the seller's and buyer's solicitors who have mutually agreed - even changing the spelling of names on the contract!

2

Seller's Protocol Forms (Property Information forms)

The information the seller provides should be to the best of their knowledge and supported, where possible, with evidence. Although the seller can choose not to provide information, the buyer may not proceed with the purchase if they feel the lack of information is hindering their ability to make an informed decision about the property.

There are 2 property information forms that the seller is expected to complete for the buyer (3 if the property is leasehold):

• TA6 Property Information Form - The seller lists information regarding the following categories: Boundaries, disputes and complaints (with neighbours), notices and proposals, alterations, planning and building control, guarantees and warranties, insurance, environmental matters, rights and informal arrangements, parking, other charges, occupiers, services, connections to utilities and services and transaction information. (Read more about the TA6 Property Information Form)

• TA10 Fittings & Contents Form - The seller lists information regarding: Basic fittings, kitchen, bathroom, carpets, curtains and curtain rails, light fittings, fitted units, outdoor area, TV, stock of fuel and other items. (Read more about the TA10 Fittings & Contents Form)

• TA7 Leasehold Information Form (if the property is a leasehold) - The seller lists information regarding the lease, including the property, management and maintenance of the building, contact details, notices, consents and enfranchisement, alterations, complaints and building safety.

3

Warranties, guarantees, planning permission and building control certificates

Although these should be provided with the above property forms, it is important that the buyer gets copies of any certificates, guarantees or warranties because they'll need to check if these transfer to them. This is especially important in relation to double glazing, building extensions, boiler installations, cavity wall insulation and solar panels.

4

Title Plan

The title plan sets out the boundary of the property you are buying - make sure the property boundary includes all of the property you saw, as sometimes boundary fences get moved over time, and you don't want a boundary dispute with your neighbour.

Read more about checking the boundary of your property.

5

Official copy of the Register Title (Property Deeds)

An office copy is a snapshot of who the current legal owners are, restrictions and charges registered against the property. This is where you'll find out whether there are restrictions preventing you from doing anything with your property, such as a development or a right-of-way running through it.

Charges such as mortgages and loans will be listed here, and the seller's solicitor will handle the clearing of these charges upon completion so that your title is clear of the seller's charges. If you are securing a mortgage over the property to fund the purchase, then your solicitor registers the mortgage lender's interest over the property as a charge after completion (you can read more about - What happens after completion?).

6

Leasehold Information Pack (if leasehold)

This doesn't often get sent by the seller's solicitor at the same time as the draft contract pack. That is because the seller's solicitor can only request this information from the management company when they receive the Leasehold Information Form from the seller.

You can read more about this pack here - Leasehold Information Pack .

How quickly are draft contracts issued by the seller's solicitor?

The speed at which draft contracts are issued is reliant upon the seller, and the sooner they provide their complete protocol forms, the sooner the full contract pack can be issued. As a rule, this takes around 1 to 2 weeks, but can sometimes take much longer, which will slow down how quickly the transaction can get to Exchange of Contracts.

If there is a delay in the buyer's solicitor receiving draft contracts (longer than 1 to 2 weeks after the sales memo has been released), this can often be related to the time it takes the seller to:

• complete the legal property information forms, and
• putting together the supporting documents.

It could also be that the seller's solicitor is very busy and is delayed in preparing the draft contract. The best advice is to ask the estate agent to chase the seller and their solicitor to find out when the draft contracts are going to be sent - until the buyer's solicitor receives these documents, they cannot raise formal legal enquiries.

What happens after draft contracts?

The buyer's solicitor sends a copy of the property information forms to the buyer to review and confirm they agree. Remember, the buyer should make sure the property forms are correct and include what they understand to be included in the purchase such as:

• included fixtures and fittings within the sale price, such as white goods or carpets;
• off street parking at the property;
• extensions with planning permission and Building Regulation sign off (be careful buying a house that has not had the extension signed off by building control);
• the correct size of boundary compared to the title plan (if it is smaller or larger speak to your solicitor)

Once the buyer's solicitor has the draft contracts, your mortgage offer and property searches from the local authority, then they can raise legal enquiries and do their title check.