Quite often, buyers are encouraged to seek legal advice after a contract is signed. However, it is strongly advised to contact your legal representative beforehand, and most definitely before partying ways with your money. This is because once a contract is signed by both buyer and seller, a binding contract is created and the transaction is considered finalised. There is however room for latter changes, but only under the provision that both parties agree to the alterations. In the case where one party disagrees, the original signed contract is considered to be the definitive article.
Both parties should sign the contract, or have it signed on their behalf. In the case where a document such as a plan is integrated by reference, it needs to be installed by both buyer and seller.
The contract should include a sufficient description of the property, irrespective of whether it is freehold or leasehold. The description should be in a manner that is clear from the title.
When including a plan, there are two options available. These could be either "for identification only" or the property can be stated to be "as more particularly delineated" in the plan. In the case of the latter description (i.e. identification only) the plan is not considered to be a fundamental part of the description of the property. Rather, its purpose is to serve only as reference and is of secondary importance in relation to the verbal description of the property. If there is a conflict between the plan and the verbal description of the property, the latter prevails. However in the event of the property being "more particularly delineated" the plan prevails over the verbal description. If the plan is relied upon being comprehensively precise, this formula should not be used.
