As a property buyer, if you want access to the property before the sale is completed, your conveyancing solicitors can present your request for this access in a document called a key undertaking. Here is a quick fact check about this crucial document that you can expect from your property solicitors.

What to Include in the Draft

Have a look at key undertakings your conveyancing solicitors may have prepared in the past and you will realise that no two of these documents can be the same. There is no exact standard to be followed, but what is most important is highlighting your specific requirements.

The purpose of the access request is usually to carry out work, and you should specify what type of work in your draft. It should strictly highlight what may and may not be done. Your property solicitors will go over with you what to include or not to include in the draft, after ensuring you understand the full implications of each detail.

Once signed, a key undertaking becomes legally binding. If you breach the terms of the agreement, you will need your property solicitors to defend you against claims presented by the seller in court, should they choose to sue.

The Seller Is Not Obliged to Consent to Access

Property sellers justifiably worry about letting buyers carry out work that would impact the value of the property if the sale falls through in the end. As a buyer, you may want to include a clause stating that you will pay for any damage resulting from the work and cover the cost to complete any unfinished work.

Your conveyancing solicitors will ensure that you cover all your bases in the draft so that the seller will be inclined to agree to the key undertaking. This may also include presenting documents to show that your mortgage lender is the party insisting on the work before they can release your mortgage value.

That said, the seller is under no legal obligation to consent to you accessing the property before completion. Again, they will also be going by the counsel of their conveyancing solicitors on this matter, which is why you have better chances if your draft is comprehensive.

Getting Your Key Undertaking

You can have the conveyancing solicitors representing both parties to the sale come to an agreement of what it will take to get the seller to permit access before completion. An exchange of contracts, deposit and a well-drafted key undertaking is often enough.

Contact solicitors in your area to learn more.