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Professional Standards Manual

Trading Services

3. Acting For Buyers

(m) Sale of the Buyer’s Property

In some cases, it may be necessary to include in the Contract of Purchase and Sale, a subject clause which permits the buyer to sell their own property.

The following clause may be used:

Sale of the Buyer’s Property Clause

Subject to the Buyer entering into an unconditional agreement to sell the Buyer’s property at (address) on or before (date) .

This condition is for the sole benefit of the Buyer.

Ω If not using the standard form Contract of Purchase and Sale, refer to ‘‘Contracts under Seal’’.

If the buyer has entered into a Contract of Purchase and Sale, the following subject clause may be used to allow time for the contract to become unconditional:

Confirmation of the Sale of Buyer’s Property Clause

Subject to the sale of the Buyer’s property at (address)becoming unconditional on or before (date). 

This condition is for the sole benefit of the buyer.