Listen to Frances Silverman
discuss developments within the new eight edition of her book Standard Conditions of Sale.
"clear and comprehensive commentary...an invaluable guide for conveyancers and property lawyers" Council of Licensed Conveyancers
This popular and well-established work guides the reader through the requirements
for a legally binding contract for the sale of land in England and Wales and provides a
detailed commentary on the Standard Conditions of Sale, which normally forms
the basis of the contract.
Written by a leading author in the subject, this new edition provides clear and comprehensive
commentary on a number of new developments including:
- Fifth edition of the Law Society’s Standard Conditions (2011)
- New editions of Protocol and related documentation which affects residential
- Major changes introduced by the Solicitors Code of Conduct (2011)
- New edition of the RICS Auction Conditions
- Significant changes to mortgage practice by changes to CML Handbook and introduction of BSA Mortgage Instructions
- General and significant alterations caused by new statute and case law
This book will be essential reading for conveyancers, property lawyers and surveyors.
Some seven years seem to have passed (very quickly) since the publication of
the seventh edition of this book. During this period the Home Information
Pack has both come and gone, Commonhold is dying a lingering death and the
property market has experienced some of the greatest peaks and troughs in
This new edition deals principally with the changes effected by the fifth edition
of the Standard Conditions of Sale and the significant changes in law and
practice which have occurred since publication of the last edition. Home
Information Pack references have been removed and references to the Law
Society Conveyancing Protocol (2011) reduced since practitioners who use the
Protocol will recognise that its steps are primarily directed at practical
procedural steps rather than legal issues. The use of the Standard Conditions
of Sale remains compulsory however in cases where the Protocol is used. While
acknowledging that Commonhold is an uncommon type of tenure, the chapter
on this topic has been retained purely because the Standard Commercial
Property Conditions still contain a condition dealing with this subject.
Although most practitioners will refer to such books as the Law Society’s
Conveyancing Handbook to resolve problems on law and practice it has been
decided to retain in this edition some useful small passages of background law
which are not commonly dealt with in other standard conveyancing texts. The
primary purpose of the book however, remains to provide practitioners with a
clear and comprehensive commentary on the conditions of sale.
As always, I ask readers to assume that the use of the masculine pronoun in the
text should read ‘he or she’ on the understanding that no disregard or
disrespect is intended by this single sex form of address. To use both forms of
address on every occasion where it occurs in the text would have lengthened the
text immeasurably and thus have added unnecessary expense to the costs of
Similarly, and for the same reasons, I have not written ‘licensed conveyancer or
solicitor’ on every occasion where such a phrase might have been desirable and
I hope that licensed conveyancers will indeed use this book and find it relevant
and helpful to the work which they do.
I acknowledge with thanks the permission of the Law Society and Solicitors
Law Stationery Society plc to reproduce the text of the Standard Conditions of
Sale in this book, and to the Law Society for their permission to reproduce the
Standard Commercial Conditions. My thanks are also extended to the Royal
Institution of Chartered Surveyors who have given their permission for the
reproduction of the Common Auction Conditions.
I am also grateful to the staff at Jordans for their help and encouragement and
without whose patience this edition would not have seen the light of day.
The law is stated as at 1 May 2013.
1 May 2013
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