There is freedom to contract on any terms. However, in order to streamline the process and reduce the time spent in negotiating contracts, Standard Conditions of Sale have been developed.
Use of the latest edition of the Standard Conditions of Sale is recommended under the Law Society Conveyancing Protocol.
While the Protocol is a form of 'preferred practice' and recommends the use of the Standard Conditions of Sale (5th edition, 2018 revision) without amendment where appropriate, solicitors must use their knowledge and judgement and act in the best interests of the client.
Not all of the Standard Conditions will be appropriate for use in every transaction. Solicitors should give careful thought to the applicability of the conditions and amend those which are appropriate, but any amendments should be restricted to those which are essential to meet the circumstances of an individual case.
It is hoped that the Standard Conditions will be used with little or no amendment save where the law or clients' instructions require.
For further information, see the Law Society's books Conveyancing Protocol and the Conveyancing Handbook (25th edition), which are available to purchase from the Law Society's online bookshop.
Disclaimer: While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.
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