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  • Legal FAQs

    Procedure for hand amendments pre exchange

    In industry hand amendments definitely were never allowed (where I worked), however it seems common for "professional" conveyancers/solicitors to make amendments by hand.

    Case history indicates that some contracts specifically do not allow amendments. I checked Standard Conditions of Sale 2018 and they do no mention of amendments so I assume the practice is allowed.

    So what guidance is there as to how this should be executed? Clearly both parties have to agree to the change, but is an email to their lawyers approving the change acceptable and legally binding? (assumes buyer/seller are remote). And presumably both lawyers confirm and initial the changes just prior to exchange?

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    The lawyers will be acting with the authority of their clients. The contracts have to be in the same form prior to exchange.  There is no need to initial them.  The lawyers confim the terms of the contract with each other during the exchange process.

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    I`ve seen several  amendments hand written and changed at the last moment

    I have sometimes confirmed stuff verbally to sols and they write it in

    An e mail though is enough these days to confirm intentions

    Its all very slap dash i find but suddenly becomes serious and focused  on the day of exchange

    As long as my instructions are clear the solicitors take over with their accepted practices 

    I dont know the ins and outs of those

    I`m sure mistakes are routinely made though as in other industries .

    Then their PI kicks in  if it cant be resolved amicably between themselves to please both clients

    I once `lost` a parcel of land in a transaction . They were embarrassed it was an oversight

    A few months later I recovered it though,  through peaceful negotiations through Land Registry


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    Jonathan Clarke. http://www.buytoletmk.com