Property Sale: Solicitor Acting as Transaction Agent

A lawyer acting as transaction agent does not simply bring together a seller and a buyer. They support the sale in its legal, contractual and strategic dimensions, working with the other parties to the transaction: estate agent, notary, bank, managing agent, surveyor or wealth adviser.

In particular, we assist with:

• analysing the situation of the property and the legal constraints of the sale;
• organising the marketing of the property or the search for a buyer in partnership with a real estate professional;
• framing the terms of the agreement: price, timetable, warranties, conditions precedent;
• securing the exchanges up to final signature.

Selling a property requires checking many elements: title deed, tenancy situation, surveys, easements, planning, co-ownership, financing, conditions precedent, allocation of charges and delivery obligations.

The firm works to identify the points requiring vigilance, prevent difficulties and ensure that the transaction rests on legally sound foundations.

In particular, we assist with:

• analysing the documents needed for the sale;
• flagging the risks liable to weaken the transaction;
• reviewing or drafting the preparatory deeds;
• coordinating the exchanges with the parties involved through to completion.

The lawyer’s involvement also helps secure the negotiation. It is not only about reaching agreement on the price, but about ensuring that the terms of the sale are clear, balanced and enforceable.

In particular, we assist with:

• negotiating the sensitive clauses of the preliminary contract;
• framing the conditions precedent, particularly financing;
• anticipating the risks of non-completion;
• formalising an amicable exit or a suitable solution in the event of difficulty.

Support from a lawyer acting as transaction agent is particularly relevant where the sale presents particular complexity: joint ownership, an SCI, a tenanted property, an atypical asset, a sensitive co-ownership, a sale with special conditions, significant wealth stakes or a risk of challenge.

In these situations, the lawyer provides an overall reading of the transaction and protects the client’s interests beyond the mere commercial introduction.

In particular, we assist with:

• securing sales in joint ownership or involving an SCI;
• supporting transactions requiring special clauses;
• anticipating difficulties relating to co-ownership, planning or occupation of the property;
• preventing post-sale disputes.