Question
I am acting for a buyer in a residential conveyancing transaction. I have just received the contract package from the seller’s solicitor and in the covering letter it states that he 'expects such papers to be returned to his firm on request if the transaction does not proceed to exchange.' I have never come across this before, is this correct?
Answer
Yes, this has been included in the covering letter in case the transaction is aborted. A draft contract along with the other papers supplied by the seller's solicitor to the buyer's solicitor in the contract package belong to the seller until contracts are exchanged. If the transaction is aborted before exchange takes place, the buyer's solicitor should comply with a request for return of those papers made by the seller's solicitor. This is notwithstanding any contrary instructions issued by the buyer to his own solicitor. For the avoidance of doubt, it is suggested that the seller's solicitor indicates in his covering letter to the buyer's solicitor that he expects such papers to be returned to him on request if the transaction does not proceed to exchange, just as your seller's solicitor has done. See the Law Society's
Conveyancing Handbook 18th Edition, this publication may be purchased from our online bookshop at
www.lawsociety.org.uk/bookshop.