What is a Draft Contract When Selling a House?
Moving home in the UK is a jargon-packed experience. From ‘exchange’ and ‘completion’, to ‘conveyancing’ and ‘gazumping’, it’s a terminology minefield. And the ‘draft contract’ falls firmly into this camp.
Because, unless you’re in the property industry or you’ve moved before, it’s fairly enigmatic as to what this document actually contains, let alone when you need it, why you need it and what you’re meant to do with it.
But it matters. So we’re here to demystify the concept.
| Quick Summary: A draft contract is the non-binding preliminary agreement prepared by the seller’s solicitor.It includes the Contract Pack (TA6, TA10, and Title Deeds).The process typically takes 2-8 weeks, as enquiries are raised and resolved. |
If you’ve recently accepted an offer, or indeed are preparing to sell your home, your solicitor might mention that they’re ‘preparing the draft contract’ and/or the ‘contract pack’. But when selling a house, what exactly is a draft contract, and why does it take so long to move from draft to final?
Here, we’ll map the transition from a verbal agreement to a formal legal process, and break down everything you need to know about the draft contract – such as what it includes, and how it impacts your sale timeline.
When selling a house, what is a draft contract?
A draft contract is the preliminary version of the legal agreement between a seller and a buyer. It’s passed between solicitors (more specifically, created by the seller’s solicitor and sent to the buyer’s solicitor). The point of it is to initiate the formal conveyancing process.
At this stage, the document is not legally binding. It just serves as a starting point for negotiations. The buyer’s solicitor will review the draft and raise ‘enquiries’ (which can be anything from questions about the property’s boundaries and rights of way, to planning permissions, as just a few examples) before the contract is finalised for the exchange.
Think of it as a work in progress. It outlines the proposed terms of the sale, which both parties must agree upon before anyone is legally committed to the transaction.
Here’s how it differs from the final contract:
| Feature | Draft contract | Final contract |
| Legal status | Non-binding | Legally binding |
| Timing | Early stage (weeks 2-8) | Post-enquiry (weeks 10-12) |
| Primary goal | Negotiation and due diligence | Completion of sale |
| Can you withdraw? | Yes, without penalty | No (usually involves 10% penalty) |
Key components of a UK property draft contract (TA6 & TA10)
What’s included in a draft contract? So the first thing to note is that the draft contract isn’t just a single page; it is usually part of a comprehensive ‘contract pack’, as it is known. To understand (in practical terms) what exactly a draft contract is (and contains) when selling a house, you need to look at the specific details it covers:
Basic transaction details
- The sale price: The agreed amount the buyer is paying (subject to survey).
- The deposit: Usually a minimum of 10% of the purchase price, payable at the exchange of contracts.
- The parties: Full legal names and addresses of the buyer(s) and seller(s).
- The property address: The full postal address and the Title Number registered at HM Land Registry.
Fixtures and contents (TA10 Form)
The Fixtures and Contents form (created by the Law Society) accompanies the draft contract. This specifies exactly what’s staying and what’s going. i.e., Does the garden shed stay? Are the light fittings included? Attention to detail at this stage prevents any disputes later on, on moving day.
Property information (TA6 Form)
This is a detailed questionnaire (also created by The Law Society) that gets filled out by the seller. It covers:
- Any boundary disputes or past arguments with neighbours
- All (if any) building work or extensions that have been carried out (and whether they have planning permission)
- The location of the fuse box and water stopcock
- Whether the property is at risk of flooding
Title deeds and plan
The draft pack includes an official copy of the Land Registry entry. This proves that the seller actually owns the property and highlights any ‘covenants’ (rules) or ‘easements’ (rights of way) that affect the land.
The draft contract process: step-by-step
Once you find out what your house is worth online and accept an offer, the process takes place in the following order:
Step 1: Instruction
The seller instructs their solicitor to start the paperwork. Having done that, the seller then fills out the TA6 and TA10 forms.
Step 2: Issuing the draft
The seller’s solicitor compiles: the forms, the Land Registry office copies, and the draft contract itself. This forms the Contract Pack for the buyer’s solicitor.
Step 3: The review (enquiries)
The buyer’s solicitor reads every word of the Contract Pack and will also check the Land Registry plan against the local authority searches. If something doesn’t match – for example, if the seller claims they own a parking space that isn’t on the Title Plan – they will raise a formal enquiry.
Step 4: Amendments
The draft might be amended several times. This is normal and can be for reasons ranging from dates that may need to be changed, or the addition of specific special conditions (e.g., the seller agreeing to fix a broken window before completion).
Step 5: Finalisation
Once all questions are answered, the draft contract becomes the Final Contract, which is printed out for both parties to sign.
Why does the draft contract take so long?
When homeowners ask “how long does a house sale take with no chain?”, it’s this ‘draft contract and enquiry’ phase that’s often the biggest bottleneck …chain or no chain. Several factors can delay this stage:
- Missing paperwork: If the seller can’t find the FENSA certificate for new windows or a Gas Safety certificate for a boiler (for example), the buyer’s solicitor is likely to pause the process.
- Leasehold delays: If you’re selling a flat, the solicitor has to obtain a ‘Management Pack’ from the freeholder. A word of warning here: this can sometimes take weeks to arrive and must be included in the draft pack.
- Solicitor workload: At busy times, it can take 1-2 weeks (or sometimes more) just for a solicitor to even open a file and draft the initial document.
Can a seller pull out after the draft contract is sent?
Yes. One of the most stressful parts of the UK property system (excluding Scotland) is that until the ‘Exchange of Contracts’, either party can withdraw without any financial penalty and leave everyone else in the process (and indeed the chain, if applicable) in the lurch.
Sending a draft contract is a sign of intent, but it’s not a guarantee. Which is why many sellers choose to sell their home to a professional cash house buyer …to skip the weeks of back-and-forth enquiries that often lead to a house sale falling through.
Common terms found in a draft contract
To truly understand what a draft is contract when selling a house, you should be familiar with these common clauses:
- Vacant possession: This is a standard clause stating that the seller will have moved out completely and removed all rubbish by the time the keys are handed over.
- Covenants: i.e. legal promises, effectively. For example, a ‘restrictive covenant’ might state that you aren’t allowed to build an extension or keep chickens in the garden.
- Indemnity insurance: If there’s a minor legal ‘defect’ (like, for example, a missing building reg certificate from 15 years ago), the draft contract might include a requirement for the seller to pay for an insurance policy to protect the buyer.
How to speed up the draft contract stage
If you want your sale to move quickly, don’t be passive. You can shave weeks off the process by being proactive (even if you feel like you’re being a pain):
- Instruct before you sell: You don’t need a buyer to start the paperwork. Instruct your solicitor on the day you put the house on the market. Then they can draft the contract and have the TA6/TA10 forms ready to go the moment an offer is accepted.
- Digital documentation: Use a solicitor who uses a digital portal. Posting physical documents back and forth adds unnecessary days to the timeline. Nobody needs to work like this anymore.
- Know your property: Find out what your house is worth online and simultaneously gather all your receipts for home improvements. Having a property file ready for your solicitor prevents any enquiries that will make the whole thing drag out and take longer.
What is the draft contract for?
The role of the draft contract is to act as the blueprint for your house sale. It gathers all the facts about the property and the terms of the deal into one place, for ease of scrutiny. While it can be a source of frustration due to the time it takes to review, it’s also the buyer’s primary protection against buying a property with hidden legal issues. So, swings and roundabouts. Yes, it can be a pain. But yes, it can also save your bacon.
A quick recap
So, what is a draft contract when selling a house? In short, it’s the first formal step towards a completed sale. But it’s also the stage where most sales are at risk of collapsing, due to delays or discovered defects.
If you find the legal hurdles of the traditional market too slow or if your house sale fell through during the enquiry stage, there are alternative routes.
A solution for chain breaks
At Sell House Fast, we streamline the process. As professional cash buyers, we don’t get bogged down in months of minor enquiries. We can move from draft to completion in a timeframe that works for you (which can be extremely fast).
