Amendments to contract for sale—freehold vacant possession to create a sub—sale contract
Published by a LexisNexis Property expert
Last updated on 28/07/2020

The following Property precedent provides comprehensive and up to date legal information covering:

  • Amendments to contract for sale—freehold vacant possession to create a sub—sale contract

Amendments to contract for sale—freehold possession'>vacant possession to create a sub—sale contract

Clause 1 — Definitions

Amend the definition of Completion Date:

Completion Date

  1. [date] being the completion date fixed by the Original Contract;

Add the following definitions:

Original Contract

  1. an agreement dated [date] and made between (1) the Original Seller and (2) the Seller, by which the Seller has contracted to purchase the Property from the Original Seller;

Original Seller

  1. [name];

Clause 5 — Title

Replace the text of clause 5.2 with the following:

The legal estate in the Property is not vested in the Seller. The Seller has contracted to purchase the Property [together with other property] from the Original Seller under the Original Contract. [The Seller will direct the Original Seller to transfer the Property directly to the Buyer].

Add new clause 5.3 as follows:

5.3 Title to the Property will be deduced in accordance with the Original Contract and will include:

5.3.1 a copy of the Original Contract [and a direction by the Seller to the Original Seller to transfer the Property directly to the Buyer];

5.3.2 [an examined abstract of the unregistered title beginning with [specify root of title] OR an official copy of the entries subsisting on the register of title number [number] showing the Original Seller as the registered proprietor][; OR .]

[5.3.3 [all necessary searches at the Land Charges Registry and Companies House OR a priority search in favour of the

Related documents:
Key definition:
Vacant Possession definition
What does Vacant Possession mean?

Property sold with vacant possession must be empty of existing tenants or other occupiers (whether or not occupation is authorised), and all goods and rubbish (subject to the de minimis rule) that substantially prevent or interfere with the enjoyment of a substantial part of the property on or before completion.

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