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Transparent pricing, from start to finishGet the support you need, when you need itTrusted lawyers, clear expectations
Amazing experience
After placing an enquiry, I received a call 20 minutes later, and then 2 hours later, I had a solicitor assigned to me. They were absolutely incredible right from the word go - amazing and very prompt with replies, answering all my questions and keeping the process moving. We finally completed today and I am so unbelievably happy. I wouldn’t hesitate to use Lawhive again in the future if needed.
Lily
First class service
I initially made an online enquiry about a tricky conveyancing matter and received an immediate call back. They understood straight away what was needed and gave me a quote that was very reasonable. It was such a pleasure to find someone who was cheerful, professional and completely reassuring as I’d been getting quite anxious about the sale of my house. The service Lawhive has provided is absolutely first class and I cannot recommend them enough.
Charles
Empathetic, professional and efficient
I am an executor, selling my mother's home. I found the assistance I received from Lawhive first rate - empathetic, professional and efficient.
Mark
Great service from Lawhive
We used Lawhive for our conveyancing needs and our solicitor was very helpful, patient and informative. She helped us with our needs with prompt responses and provided a very efficient service.
Kelvin
Great service when you need clarity and calm
Our solicitor was warm, friendly and provided crystal clear communication. A lot of conveyancers assume customers know everything about the process already, so it was really appreciated to hear each stage included in the price given.
Em
Quick and efficient
We used Lawhive for a transfer of property and conveyancing. Our solicitor was so helpful and thorough with the whole process. He responded quickly and efficiently to any questions or requests that we had and explained some of the more complicated issues regarding the process clearly.
Geri
Fantastic service and experience with Lawhive
I had the pleasure of working with Lawhive doing a transfer of equity on a property. Our solicitor’s service was amazing, she responded quickly to any questions or concerns and kept me updated throughout the process. I can strongly recommend her for any conveyancing work that you may need. Fantastic service all round.
Jane
Amazing experience
After placing an enquiry, I received a call 20 minutes later, and then 2 hours later, I had a solicitor assigned to me. They were absolutely incredible right from the word go - amazing and very prompt with replies, answering all my questions and keeping the process moving. We finally completed today and I am so unbelievably happy. I wouldn’t hesitate to use Lawhive again in the future if needed.
Lily
First class service
I initially made an online enquiry about a tricky conveyancing matter and received an immediate call back. They understood straight away what was needed and gave me a quote that was very reasonable. It was such a pleasure to find someone who was cheerful, professional and completely reassuring as I’d been getting quite anxious about the sale of my house. The service Lawhive has provided is absolutely first class and I cannot recommend them enough.
Charles
Empathetic, professional and efficient
I am an executor, selling my mother's home. I found the assistance I received from Lawhive first rate - empathetic, professional and efficient.
Mark
Great service from Lawhive
We used Lawhive for our conveyancing needs and our solicitor was very helpful, patient and informative. She helped us with our needs with prompt responses and provided a very efficient service.
Kelvin
Great service when you need clarity and calm
Our solicitor was warm, friendly and provided crystal clear communication. A lot of conveyancers assume customers know everything about the process already, so it was really appreciated to hear each stage included in the price given.
Em
Quick and efficient
We used Lawhive for a transfer of property and conveyancing. Our solicitor was so helpful and thorough with the whole process. He responded quickly and efficiently to any questions or requests that we had and explained some of the more complicated issues regarding the process clearly.
Geri
Fantastic service and experience with Lawhive
I had the pleasure of working with Lawhive doing a transfer of equity on a property. Our solicitor’s service was amazing, she responded quickly to any questions or concerns and kept me updated throughout the process. I can strongly recommend her for any conveyancing work that you may need. Fantastic service all round.
Jane
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01 overview
Conditional contracts are often used in the construction sector when the sale of a property relies on third parties.
Our network of experienced property lawyers can help buyers and sellers draw up comprehensive conditional contracts, provide advice on your options, and help you resolve a dispute with another party over a conditional contract.
They can also ensure that the wording of your contract is ironclad and the terms are enforceable under the law to protect your interests.
Get in touch with us today for a free case assessment and quote for the services of a specialist lawyer.
A conditional contract is a legal agreement between two parties, commonly used for buying or selling property or leasing agreements.
How the agreement unfolds depends on a specific event happening, like getting planning permission or securing financing.
If the trigger event happens, the transaction usually takes place shortly afterward, often within 20 days.
If the event doesn't happen, the contract becomes invalid, and both parties can cancel it without any further obligations, except for any legal fees incurred.
Solicitors play an important role in making sure these contracts are legally valid and can be enforced if needed.
Conditional contracts are frequently used for transactions relating to valuable properties or land.
They are also used when planning permission is required on a new building project at an existing site.
Some parties only use conditional contracts when necessary because they involve risk and uncertainty. They may be needed when property professionals are waiting for information from local authorities or planning permission. Similarly, businesses might wait for a premises license before completing a deal.
These contracts offer assurance that agreements are in place but provide an exit option if a trigger event doesn't happen by a set date.
Developers often use conditional contracts to buy land and secure it for development, ensuring it isn't sold to others without the necessary planning permission.
These agreements are also useful when one contract depends on another. For example, a developer might delay completing a contract until they secure agreements with local authorities or statutory bodies regarding infrastructure, like new roads (known as section 38 and section 104 agreements).
While they may seem straightforward, drafting one can be complex, and if mistakes are made parties can face considerable losses.
Contracts should include details of the type of permission needed, timetables for the planning permission to be gained, and an appeal process if the permission isn’t granted.
To ensure a conditional contract will hold up in court you need to ensure that it is clear, including:
The most common conditions, also known as trigger events, as they trigger the terms in the contract to come into force, include:
Typically, agreements have a timeframe of 6 months to ten years, with an average of around 5 years. The contract should outline who is responsible for each condition and the level of effort required.
Effort levels are categorised as:
The contract must clearly state the timeline, which should be reasonable and practical. Setting deadlines helps both parties recognise when their goals are not achievable, allowing them to limit damage and end the agreement.
For instance, if a project requires planning permission, the contract should specify a reasonable timeframe agreed upon by both parties to obtain it.
Conditional contracts can benefit both buyers and sellers when used appropriately. They allow parties to enter into a contract while certain conditions, like securing planning permission or completing necessary works, are addressed. The contract becomes enforceable, and the sale or purchase occurs only when these conditions are met.
For buyers, the advantage lies in the seller's commitment to selling at an agreed-upon price once the conditions are fulfilled within a set timeframe. This prevents other buyers from intervening, giving buyers peace of mind to plan their business activities. If conditions aren't met, buyers can walk away without impacting their plans or projections.
Sellers benefit from the certainty that buyers can't withdraw from the sale unless conditions aren't met. When confident in meeting the conditions, sellers secure a guaranteed sale at a satisfactory price.
Moreover, sellers may benefit if conditions aren't met by selling the property or land at a higher price than agreed upon. This could happen if market conditions change or if they find another buyer willing to pay more.
One issue arises when the agreement lacks clarity regarding who is responsible for meeting the conditions and the level of effort required. Engaging a solicitor early in the drafting process can prevent this problem from undermining the agreement.
Another drawback is the potential for wasted time and costs if the project cannot be completed due to unmet conditions. Conditional agreements are complex to draft and fulfill, requiring significant time and financial investment.
Moreover, parties may not fully understand their responsibilities, including timelines set in the agreement, leading to non-fulfillment. In such cases, sunk costs may be unrecoverable, and the intended business objectives may not be achieved.
In a conditional contract, certain actions must occur before the sale can proceed. When these conditions, known as trigger events, are met, the deal can move forward. If not, both parties can walk away.
In contrast, unconditional offers have no conditions attached from the start. Once signed, the agreement becomes legally binding, and both parties are obliged to complete the sale.
A conditional contract becomes binding at the time the conditions of the contract are fulfilled.
Our network of property solicitors can help you implement a conditional contract.
Contact us today for a free case assessment and quote for the services of a specialist lawyer.
With straightforward pricing - so you know exactly what to expect at every step.
