When buying a house and undergoing the conveyancing process, one of the most important milestones is the arrival of the contract pack. This bundle of legal documents is what allows your solicitor to begin carrying out the necessary checks and move your purchase forward.
But what exactly is a contract pack, who prepares it, and what does it contain?
Here, Talbots Law breaks down everything you need to know about contract packs, including their contents, how long they take, and what happens once they’re issued.
Let’s first explore how you can define the term contract pack.
What does Contract Pack mean in the conveyancing process?
The contract pack is a key set of documents prepared by the seller’s solicitor and sent to the buyer’s solicitor once an offer on the property has been accepted. It officially kickstarts the legal side of the property transaction.
Receiving the contract pack allows the buyer’s conveyancer to begin raising enquiries, carry out necessary checks, and negotiate any terms that need clarification or amendment. It’s for this reason that the conveyancing process cannot properly move forward until the contract pack is handed over.
The pack includes essential details about the property and the proposed terms of the sale.
What is usually included in a Contract Pack?
There are a number of core elements to a contract pack. These include title documents, the draft contract itself, and a number of forms labelled TA6, TA10 and TA7.
Here is a breakdown of what is included:
Title documentation
In most cases, the contract pack will include the official title register and title plan obtained from HM Land Registry. These documents confirm who legally owns the property and what land is included.
If the title refers to older deeds or documents, such as transfers or conveyances, these should also be included. For leasehold properties, a copy of the lease will also be enclosed.
Draft contract
No contract pack is complete without the inclusion of a draft contract of sale. In a typical draft contract will be:
- Names of the buyer and seller
- The agreed purchase price
- Full address of the property
- Title number
Most contracts are based on the Standard Conditions of Sale, but not all terms are standard. It’s the responsibility of the buyer’s conveyancer to examine the contract carefully and identify any clauses that may be unfair or unfavourable to their client.
Although the contract may be signed early in the process, it only becomes legally binding at the point of exchange.
TA6
Another key component of the contract pack is the TA6 Property Information Form, which is completed by the seller.
This form includes a wide range of details about the property, such as boundary information and building works. planning permissions. It may also feature rights of way, insurance details, and even disputes with neighbours.
It’s important at this stage that buyers ensure that this information does not conflict with what they were told earlier during viewings. They should review this form carefully and raise any concerns or discrepancies with their solicitor if needed.
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TA10
The TA10 Fixtures, Fittings and Contents Form is also included and outlines what items will remain at the property following completion.
This can cover everything from white goods and fitted units to carpets, light fittings, and garden features. If the seller has promised to leave any specific items behind, it’s important that these are recorded in the TA10 form to prevent future disputes.
TA7 (if leasehold)
In cases where the property is leasehold, the contract pack will also include the TA7 Leasehold Information Form.
This provides more specific details about the lease terms helps the buyer understand any additional responsibilities or restrictions associated with owning a leasehold property. The TA7 will likely also provide details about service charges and building management.
Warranties and guarantees
Finally, the contract pack should include any relevant warranties, guarantees, or certificates that apply to the property.
These can relate to a whole host of property elements, which often include new windows, a recently installed boiler, damp proofing or energy-efficiency improvements like solar panels. These documents can help reassure the buyer about the condition of the property and confirm whether any guarantees can be transferred after the sale.
What is a Memorandum of Sale?
While a Memorandum of Sale is linked to a contract pack, it is not usually included in one.
A Memorandum of Sale is a written confirmation that a property sale has been agreed between a buyer and a seller. It is usually prepared by the estate agent once an offer has been accepted and outlines the key details of the transaction.
As such, it is issued before the contract pack is prepared.
It includes the names and contact details of both parties, the agreed purchase price, the property address, and the names and contact details of each party’s conveyancer.
While it is not a legally binding document, the Memorandum of Sale is essential because it allows the conveyancing process to begin. It is sent to both solicitors and acts as a reference point throughout the transaction.
Who is responsible for sharing a Contract Pack?
The person who is responsible for sharing a contract pack is the seller’s conveyancer, as it’s they who will act on the instructions of the seller and pass on the relevant information.
Once the seller has formally instructed their solicitor and provided the necessary information, including the TA6 and TA10 referenced above, the seller’s conveyancer begins compiling the documents. They will also request title documentation from HM Land Registry and gather any relevant supporting paperwork, such as guarantees or planning consents.
With the required documents all in place, the seller’s solicitor sends the complete contract pack to the buyer’s conveyancer.
In some cases, if certain forms are still outstanding, a partial contract pack may be issued initially, with the remaining documents sent separately as soon as they’re available.
How long does a Contract Pack take?
There is no set time for how long a contract pack takes, but typically it ranges from one to two weeks after the seller formally instructs their solicitor.
This timeframe can vary depending on how quickly the seller returns key documents like the TA6, TA10, or TA7 forms. It also depends on whether there are any delays in obtaining title deeds or additional documentation.
What happens after the Contract Pack is sent out?
The first thing that happens after the contract pack is sent out is a review of the documentation by the buyer’s solicitor.
In short, they need to check the draft for anything that might later present an issue or consideration, such as unusual clauses or incomplete forms. If they do deem that something needs further review they will likely contact the seller’s solicitor.
At the same time, the buyer’s solicitor will order and review the results of property searches, such as local authority, drainage, and environmental searches. These searches can highlight issues like planning restrictions or disputes over boundaries. If the buyer is relying on a mortgage, their lender will also need to carry out a valuation and issue a formal mortgage offer before the transaction can progress.
Once everything is agreed, both parties agree on a completion date. The final version of the contract is then signed by both buyer and seller, and the transaction moves to exchange of contracts, which is where the deal becomes legally binding.
Finally, the buyer’s solicitor will prepare for completion. This will include the organising of transferring funds, handling final checks, and arranging for the registration of the new ownership with HM Land Registry.
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Disclaimer
The contents of this blog or any other published by Talbots Law cannot be considered as legal advice. You should take no action without prior consultation with a qualified solicitor or legal professional. The contents of this blog refers to the process in England and Wales.