Sam Edwards
Senior Writer & Researcher
Property transactions are notorious for legal complexities and extensive paperwork. In this world, the Memorandum of Sale stands out as an important legal document.
A Memorandum of Sale is a written record of the agreement between the buyer and the seller in a property sale. It’s a statement that an offer has been accepted subject to contract (SSTC), and that both parties intend to proceed with the transaction.
This document plays a crucial role in the property sale process.
A Memorandum of Sale typically includes the following:
No, the document isn’t a legally binding contract - it’s a statement of intent from both the buyer and seller.
While a Memorandum of Sale isn’t legally binding, it serves to guard interests across the buying and selling process.
First and foremost, a memorandum is a reference point for all parties involved. As a sale template, you can clearly see who’s involved in the transaction, and who bears responsibility for key points of interest.
As a result, it serves as a good framework for solicitors and lenders during the subsequent stages of the conveyancing process, facilitating a smoother transition from offer acceptance to completion. The efficiency and timeliness of the sale process can be significantly influenced by the method of sale and the communication among all parties involved.
A Memorandum of Sale can also help protect the buyer’s interests by securing their position as the preferred purchaser. While not legally binding like an exchange of contracts, a memorandum can still have legal gravitas - for instance, if the seller were to accept another offer after signing the memorandum, the buyer could have a potential claim in court.
Memorandums of Sale are usually issued by the estate agent who was instructed by both the seller and the homeowner to handle the marketing and sales progression of their house sale. Estate agents aren’t always responsible for the memorandum of sale however.
Cash buyers and online estate agents also issue memorandums for their clients. In auction houses, the memorandum of sale is issued immediately after the deposit and auction house fees are paid.
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An estate agent sends a memorandum as soon as an offer is accepted by the homeseller. It can take just a few days to be completed, but it can take longer if the parties have not prepared the necessary information.
Lots of things - but common delays often centre around the buyer, the mortgage lender, and their solicitor. Confirmation of mortgage funds can take a while to come through, especially if the buyer hasn't prepared first. Likewise, acquiring a solicitor can take time.
If you're a buyer, it's always worth being prompt and timely in your responses. Give yourself plenty of time to instruct a solicitor and request an agreement in principle from an ideal lender. Always communicate clearly with the seller to ensure no wires are crossed.
Want to see what a memorandum looks like? Here’s a sample:
When dealing with a Memorandum of Sale, it is important to identify whether the property is a leasehold property or freehold property to ensure transparency regarding the terms and conditions.
After the memorandum has been issued, the property listing on portals like Rightmove and Zoopla will change from ‘under offer‘ to ‘sold subject to contract‘. Once the memorandum is complete, the conveyancing process can start. This marks the beginning of the sales process, which involves various stages to ensure a smooth transaction.
The buyer's solicitor will begin ordering surveys of the property, while the seller is expected to complete documents such as the TA6 (Property Information) Form and the TA10 (Fixtures and fittings) Form.
These are just some of the preliminary actions of the conveyancing process, with confirmation of mortgage funds and the transfer of deposit coming later.
A Memorandum of Sale is a pretty straightforward document - but things can still go wrong with it, and the conveyancing process as a whole:
A memorandum of sale is an excellent indication that the property transaction is progressing in the right direction - but it's on buyers to get their details right. Make sure you at least have a conveyancer in mind, and a mortgage agreement in principle to help finance your house purchase.
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