Drafting a contract PDF

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Notes on contract drafting to include special conditions...

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Difference between a standard condition and a special condition in a contract for the sale of land incorporating the Standard Commercial Property Conditions (SCPC) (Third Edition) Standard conditions are made part of a contact by being incorporated by reference. They are standard terms which save time drafting. Special conditions are individual, specific clauses which are drafted to meet the requirements of a particular deal. (See the PLP Handbook for more details). Acting for the buyer of a registered property, what should not be included in “Specified Incumbrances” on the front page of the standard form contract incorporating the Standard Commercial Property Conditions (Third Edition)? The seller’s charge (if there is one) over the property being purchased. And how might the seller have drafted “Specified Incumbrances” to have (perhaps inadvertently) included it? By just referring to “all entries in the Charges Register of title number [ ]”. Can a personal representative only give limited title guarantee? No – it CAN give full or limited or no title guarantee. However, personal representatives often only give limited title guarantee as they often do not have the knowledge sufficient to enable them to give full title guarantee as per s.3 LP(MP)A 1994. How to see if a buyer might give an indemnity covenant to its seller To see if a buyer might have to give an indemnity covenant to its seller, you should first look at the Charges Register in the official copies to see if a positive covenant is registered. Then look in the Proprietorship Register to see if the current seller gave an indemnity covenant to its seller....