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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I am doing my own conveyancing. The seller solicitor

Resolved Question:

Hello, I am doing my own conveyancing. The seller solicitor have inserted the following in section 11 Additional Provision. The Transferee hereby covenants with the Transferor by way of indemnity to observe and perform the covenants and conditions affecting
the said property and to indemnify the Transferor and his estate and effects in respect of any costs, claims or demands arising out of any breach non-performance or non-observance This appears to relieve the seller of all responsibility. Is this either reasonable
or normal? I am now suspicious as to why they even want to include this.
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to assist you.This is standard wording and you are correct - the seller is indeed making sure that he or she cannot be help responsible of any breach of the covenants by you- which is entirely reasonable in the circumstancesPlease ask if you need further detailsClare
Customer: replied 1 year ago.
That would be reasonably but where does it state this is in relation to any break by me the buyer. Also the here are standard words retrieve online "
The Transferee hereby covenants with the Transferor by way of indemnity only to observe and perform the covenants contained or referred to in the registers of title number and to be liable for any future breach or non-observance thereof"This standard statement seems to be making the seller responsible for breaches of covenants. Correct? Is this not standard?
Expert:  Clare replied 1 year ago.
The only enforcement option is for you to have one of the houses transferred to you - is that what you want?
Expert:  Clare replied 1 year ago.
Hi
Both are standard wordings the second is less old fashioned but neither is more onerous than the other
The indemnity is in respect of YOUR actions and the consequences thereof
Clare
Expert:  Clare replied 1 year ago.
For clarity the first sentence above was not for you!
Customer: replied 1 year ago.
The house is being transfered to me, I am buying it. All due process on this purchase has been followed, full survey, all searches OK, outstanding finance clear on TA13, title deeds in order.It is just when I see a statement added that specifically release any responsibility from the seller it makes me stop and ask why the need to add it anyway?
Expert:  Clare replied 1 year ago.
As I said - it is standard wording and used in cases where there are Restrictions and Covenants on the Register.It is always good to check - but there is no need for anxiety with THIS wording
Customer: replied 1 year ago.
Many thanks. I will OK the TR1
Expert:  Clare replied 1 year ago.
You are welcome - I hope all goes well
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