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Contract with 14 Special Conditions?

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  • Contract with 14 Special Conditions?

    We are buying a house and have almost reached the exchange of contract stage. Our conveyancer has sent us the Contract of Sale for us to sign, without comment, but we notice that there are 14 special conditions attached to the contract. There are a couple in particular about which we would welcome clarification...

    The Agreement refers to the Standard Conditions of Sale (Fifth Edition).
    One of the 'Special Conditions' referred to is worded as follows:

    "A new standard condition 3.1.2(g) is included as follows:-
    3.1.2(g) "All legal equitable or quasi easements".
    Why should the vendors' solicitor wish to add this new condition where none exists in The Standard Conditions for Sale (Fifth Edition)?

    The other Special Condition which is making us feel uneasy is as follows:

    The Buyer will enter into the following indemnity covenant in the Transfer document:-
    "The Transferees with intent to afford the Transferor a full and sufficient indemnity but not further or otherwise hereby jointly and severally covenants with the Transferor at all times hereafter to observe and perform the covenants, stipulations and other matters (if any) contained or referred to in the entries in the Charges Registers of the title of the Property hereby transferred so far as the same are still subsisting and to indemnify the Transferor and his estate and effects against any breach or non-observance thereof."
    We understand that we take on responsibility for the observation of covenants from completion, but cannot see how we can accept liability for 'any breach or non observance' by the vendors.
    We would be grateful for any comments on the above and an opinion as to whether one would expect our conveyancer to have made some comments regarding the contract before we sign.
    Thank you.
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