The Role of Memorandum of Sale Explained

The UK real estate market is an ever-changing, perplexing sector with many different legislative regulations that must be followed. The memorandum of sale is one of the important documents that buyers and sellers come across while buying or selling real estate.

The memorandum of sale is a legal document that safeguards the rights of both parties engaged in a property transaction, even if it may not be as widely known as other legal papers like contracts and deeds. It is an essential document necessary for the transaction to go through swiftly and smoothly, whether you’re wanting to acquire a new property or sell your existing one online. Without it, the property sale cannot be wrapped up. Rent or let in Liverpool with Leaders, one of the UK’s premier estate and letting agents.

In this blog will explain what a memorandum of sale is, what it does, and why it’s crucial for every UK real estate transaction. So, whether you’re a novice buyer or a seasoned real estate investor, keep reading to learn all you need to know about this vital contract.

What Exactly Is A Memorandum Of Sale?

In the UK, a memorandum of sale is a legal document that outlines the major facts of a property sale. It simply serves as a validation of the understanding that the buyer and seller established. It is crucial to have one in place before moving forward with the sale since it serves to safeguard both parties in a real estate transaction.

The details of the transaction are outlined in the memorandum of sale, including the agreed-upon price, any conditions, and any unique demands made by either the buyer or seller. Despite being a contract, it is not a legally binding document. It’s a precautionary step to lay out the details of an agreement before parties must formally commit. The appropriate preparations can be done to execute the property sale as soon as it is granted. Because it provides so many specifics about the house, it is also essential for the future surveying of the property. Subsidence, for example, is a significant issue that may affect whether the deal ultimately closes.

What Details Are Included In A Memorandum Of Sale?

The memorandum of sale contains a variety of important details that are required for the transaction to go through without a hitch. This data consists of:

  • The property’s address.
  • The agreed-upon selling price.
  • The prospective buyer and seller’s name and details of contact. 
  • Contact information for the lawyers assisting the seller and the buyer.
  • The Land Registry HMRC number.
  • Dates that are anticipated for exchange and completion.
  • A description of the property, including its ownership type (freehold vs. leasehold).
  • Any additional terms that were agreed upon, such as sale at a specific price contingent upon making a certain number of repairs.

The Memorandum Of Sale Is Issued By Whom?

The estate agent will issue the memorandum of sale, which is often finished in a matter of days but may take longer if key pieces of paperwork are lacking. It is strongly recommended that all documentation be ready in advance for both the buying and selling parties. Given that it contains private information that is secured by data, it is doubtful that you or anyone else will be able to see a copy. 

When Does A Memorandum Of Sale Become Effective?

Shortly thereafter as a deal is made and accepted, the memorandum of sale will be created. Following that it will be distributed, mostly through email but occasionally via post. Changes can still be implemented if additional negotiations take place because the agreement is not legally binding.

When the offer is accepted, there is no specific timeframe for when the memorandum of sale will be issued. It might happen immediately or over the course of a week. Although the seller ought to already be familiar with many of the specifics of the property itself, everything will depend on how soon all the necessary details can be acquired. Getting details from the buyer, which can include the buyer’s fund details and solicitor contact information, might occasionally delay the release of the memorandum of sale.

The Various Types Of Memorandums Of Sale:

The form of memorandum of sale method used will depend on how the deal is progressing. You can anticipate a quick completion of the memorandum of sale if you sell your property using third-party agencies. It may take as little as 24 hours when repossessed assets have to be handled.

In the case of an auction house sale, the contracts are basically swapped after the strike of the hammer. The memorandum of sale, deposit payment, and auction house fees are subsequently anticipated to be finished right away. The documents are then forwarded to lawyers once all inspections have been made.

How Can A Memorandum Of Sale Possibly Go Wrong?

The majority of challenges that arise following the issuing of the memorandum of sale will be connected in some way within the property chain. In many cases, the seller’s or buyer’s deal is contingent on the sale of another property. The remaining links of the chain will likewise break if that sale fails, possibly because the buyer changes their mind about the property.

The timeline is still another problem that could arise once the memorandum of sale has been published. The possibility that the buyer or seller may try to revisit negotiations or withdraw from the transaction altogether increases based on how long the sale takes to close. The time it takes to finalise the transaction should be shortened if your solicitors and estate agents are in constant communication with one another. 

In conclusion, a memorandum of sale is a fundamental document that forms an integral part of any property sale in the UK. Understanding the importance of this document and collaborating closely with your estate agent or lawyer will help make sure that your property sale goes smoothly and without any hiccups.

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