What Is a Draft Contract in a House Sale

A draft contract is the first version of the legal contract for sale that the seller's solicitor puts together once an offer has been accepted, and it sets out the terms both sides are expected to agree before exchange. It isn't binding on anyone at this stage. Think of it as the opening move in a legal conversation that carries on for weeks, sometimes months, until both sides are happy enough to exchange contracts and commit to the sale.

If you've just had an offer accepted and someone has mentioned "the draft contract has gone out," it can sound like a bigger deal than it actually is at this early point. Nothing is fixed. Nobody owes anybody anything yet. But it's still a genuinely important document, because everything that happens afterwards, searches, enquiries, mortgage offers, moving dates, all builds on top of what's written in it.

Quick note before we carry on: I write about conveyancing for a living, but I'm not a solicitor or a licensed conveyancer, and nothing here should be read as legal advice for your specific purchase or sale. This is general information about how a draft contract works in England and Wales, written to help you understand what's going on and what questions to ask. Your own solicitor or conveyancer is the person to speak to about the actual terms of your transaction.

In this guide we'll go through who prepares a draft contract, what's typically in it, how it differs from the contract you eventually sign, how enquiries and amendments work, and what tends to slow the process down.

Table of contents

• What is a draft contract, exactly?
• Who prepares the draft contract, and when?
• What's actually inside a draft contract
• Draft contract versus the final, exchanged contract
• Raising enquiries on the draft contract
• Amendments, and how disagreements get resolved
• How long the draft contract stage usually takes
• Common problems that come up at this stage
• FAQs about draft contracts
• Summary and what to do next

What is a draft contract, exactly?

A draft contract is a document prepared by the seller's solicitor, based on standard conveyancing wording plus details specific to the property being sold. It's called "draft" because it isn't final. Either side's solicitor can suggest changes to it, and it only becomes a legally binding contract once both parties sign identical copies and exchange takes place.

Until that point, either the buyer or the seller can, in theory, walk away without legal penalty. That's often surprising to people who assume that once an offer has been accepted, they're committed. In England and Wales, that's simply not how it works. The draft contract stage is part of what makes the system flexible, but it's also what makes gazumping and last-minute withdrawals possible, which is a trade-off worth understanding early on.

Why it's called a "draft"

The word "draft" just means it's a working version, open to negotiation and correction. A solicitor might describe the document at different points as the "draft contract," the "contract pack," or simply "the contract," even though technically it hasn't been finalised. Don't worry too much about the exact terminology your conveyancer uses; what matters is understanding that the document evolves before it becomes binding.

Who prepares the draft contract, and when?

The seller's solicitor (or licensed conveyancer) prepares the draft contract. This is one of the first substantial pieces of legal work that happens after an offer is accepted, alongside the seller completing the Property Information Form and Fittings and Contents Form.

The usual order of events

1. The seller instructs a solicitor, who begins preparing the paperwork, ideally before an offer is even accepted, so there's less delay once it is
2. The seller completes the standard forms describing the property, any known issues, and what's included in the sale
3. The seller's solicitor pulls together the draft contract, official copies of the title from the Land Registry, and supporting documents into a "contract pack"
4. That pack is sent to the buyer's solicitor, who reviews it and begins raising enquiries

A lot of buyers assume their own solicitor drafts the contract, but that's not how it works. Your solicitor's job at this stage is to scrutinise what the seller's side has produced, not to write it themselves. That's worth knowing, because it explains why the pace of this stage often depends heavily on how organised the seller's solicitor is.

Why speed varies so much here

Some sellers instruct a solicitor early and have everything ready to send out within days of accepting an offer. Others haven't even chosen a solicitor when the offer is accepted, which can add weeks before a draft contract appears at all. If you're a buyer feeling frustrated that "nothing seems to be happening," it's worth asking your own solicitor, via your estate agent if needed, whether the seller's side has actually sent the contract pack yet. Often the hold-up is happening before your own solicitor has anything to work with.

What's actually inside a draft contract

The draft contract itself is usually based on a standard form, most commonly the Law Society's Standard Conditions of Sale, with property-specific details added in. It's usually accompanied by several other documents that together form the full contract pack.

Typical contents of the draft contract and pack

• The names of the buyer and seller, and the property address
• The purchase price agreed between the parties
• Details of the title, including whether it's freehold or leasehold
• The Land Registry's official copies of the title register and title plan
• Special conditions, which might cover anything from a specific completion date to particular items being excluded from the sale
• The Property Information Form (sometimes called the TA6 form), where the seller answers standard questions about the property
• The Fittings and Contents Form (the TA10), listing what's staying and what's going
• Leasehold information, including the lease itself, service charge accounts, and management pack, if the property is leasehold

The special conditions section is often where the more interesting details sit. This is where a seller might specify, for example, that certain garden ornaments aren't included, or that completion can't happen before a particular date because they haven't found their own onward purchase yet.

What the draft contract doesn't cover

It's worth knowing that the draft contract doesn't itself deal with the mortgage, the deposit mechanics, or most of the practical moving arrangements. Those are handled separately, through your mortgage offer, your solicitor's financial arrangements, and direct conversations with the other side closer to completion. The contract is really about the legal terms of the sale, the property itself, and the price, not the logistics of moving day.

Draft contract versus the final, exchanged contract

The difference between the draft and the final contract sounds simple: one hasn't been agreed yet, and one has. But it's worth understanding what actually changes between the two, and what stays the same.

What tends to change

• Special conditions are often refined, added to, or removed following negotiation
• The completion date is usually left blank or provisional in the draft, and only fixed once both sides are ready to exchange
• Amendments might be made in response to survey findings, search results, or mortgage lender requirements
• Occasionally the price itself is renegotiated if problems come to light, although the core contract wording rarely changes at that point

What stays the same

The fundamental structure, the parties, the property, the basic legal framework, tends to stay consistent from the first draft through to exchange. Most of what happens in between is refinement rather than wholesale rewriting. By the time you reach exchange, you and the seller will be signing identical copies of what is, in most respects, a matured version of that very first draft.

When does it stop being a "draft"?

Technically, the contract stops being a draft the moment both sides sign their copies and those copies are formally exchanged, usually over the phone between the two solicitors, followed by exchange of the physical or electronic documents. Before that moment, however close both sides seem to agreement, either party can still pull out.

Raising enquiries on the draft contract

Once the buyer's solicitor has the draft contract and supporting pack, their main job for the next stage is to raise "enquiries," questions and requests for clarification or further documentation based on what they've read.

What kinds of things get asked

• Requests for missing documents, such as guarantees for building work, planning permissions, or building regulations sign-off
• Clarification on boundaries, rights of way, or shared access arrangements
• Questions arising from the Property Information Form, particularly around disputes, alterations, or known issues
• For leasehold properties, detailed questions about service charges, ground rent, and the management company
• Confirmation of what's included in the sale, following up on anything ambiguous in the Fittings and Contents Form

Enquiries can be a single short list or, especially for older or leasehold properties, several rounds of back-and-forth. Each round takes time, because the seller's solicitor typically needs to go back to the seller (or the managing agent, in leasehold cases) for answers before replying.

Why enquiries feel slow sometimes

Honestly, this is where a lot of buyers start to feel like their transaction has stalled. It hasn't necessarily; enquiries genuinely take time to answer properly, particularly if a managing agent needs to be chased for leasehold information, or if the seller needs to track down an old planning document from years ago. Chasing your own solicitor for updates is reasonable, but it's worth knowing that a quiet week doesn't always mean nothing is happening.

Amendments, and how disagreements get resolved

It's rare for a draft contract to be accepted exactly as first written. Amendments are a completely normal part of the process, and most are resolved without much drama.

Common amendments buyers' solicitors request

• Clarifying which fixtures and fittings are included, particularly kitchen appliances or garden features
• Adjusting special conditions around completion dates to fit the buyer's own chain or mortgage timeline
• Adding conditions requiring certain repairs or certificates to be provided before completion
• Correcting factual errors, such as an incorrect boundary description or an out-of-date title reference

What happens if the two sides can't agree

Most disagreements are resolved through negotiation between the two solicitors, sometimes with input from the estate agent if it helps keep momentum. Occasionally a disagreement is significant enough that one side decides not to proceed, but that's genuinely the exception rather than the rule. More often, both sides compromise, perhaps a price adjustment to reflect a repair, or an agreed completion date that suits everyone reasonably well.

Your role as buyer or seller during amendments

Your solicitor will usually come back to you with a summary of proposed changes and ask whether you're happy with them, rather than negotiating entirely on their own initiative for anything significant. It's worth actually reading these summaries rather than skimming them, since this is your opportunity to flag anything that matters to you before the contract firms up.

How long the draft contract stage usually takes

There's no fixed answer here, because so much depends on the property, the chain, and how quickly everyone responds. That said, some general patterns are worth knowing.

Rough stages and typical durations

• Sending out the initial draft contract and pack: often within one to two weeks of the seller instructing a solicitor, assuming their paperwork is in order
• Buyer's solicitor reviewing and raising initial enquiries: usually another one to two weeks
• Responding to enquiries and any follow-up questions: this can take anywhere from a couple of weeks to well over a month, especially for leasehold properties
• Finalising amendments once search results and mortgage offers are in: often runs in parallel with other stages rather than happening strictly afterwards

Put together, most straightforward freehold purchases move from draft contract to exchange somewhere in the region of eight to twelve weeks, though it's genuinely common for it to take longer, particularly with leasehold flats, older properties, or long chains.

What speeds this stage up

Sellers who've prepared their paperwork before marketing the property, buyers who respond promptly to requests from their solicitor, and straightforward, unambiguous titles all help. Complicated chains, missing planning documents, and slow-to-respond managing agents all tend to add time.

Common problems that come up at this stage

Some issues crop up often enough that it's worth knowing about them in advance, so they don't catch you off guard.

Frequent sticking points

• Missing building regulations certificates for extensions, conversions, or new boilers
• Unregistered land, which can require additional steps to bring the title up to Land Registry standards
• Boundary discrepancies between what's on the ground and what's shown on the title plan
• Leasehold management packs taking a long time to arrive from managing agents
• Disagreements over what counts as a "fixture" (generally attached to the property) versus a "fitting" (generally removable)

None of these are unusual or necessarily a sign that something has gone wrong with your purchase. They're simply the kinds of things solicitors deal with routinely, and most get resolved with a bit of patience and, sometimes, a follow-up phone call rather than yet another email sitting in a queue.

When to worry, and when not to

A single slow response or a request for an extra document isn't generally cause for concern. What's worth paying closer attention to is a pattern of silence from the other side, repeated unexplained delays, or a seller who seems reluctant to answer straightforward questions about the property. If that happens, it's reasonable to ask your solicitor directly whether they have any concerns.

FAQs about draft contracts

Is a draft contract legally binding?
No. Nothing is legally binding until both sides sign identical contracts and exchange takes place. Before that point, either the buyer or seller can withdraw without a legal penalty, although costs already spent on searches or surveys generally aren't recoverable.

Who writes the draft contract, the buyer's solicitor or the seller's?
The seller's solicitor prepares the draft contract and the wider contract pack. The buyer's solicitor then reviews it, raises enquiries, and suggests amendments.

How long after an offer is accepted does the draft contract get sent?
It varies, but often somewhere between one and three weeks, depending on how prepared the seller's solicitor already is and how quickly the seller returns their completed forms.

Can I change my mind after the draft contract has been sent?
Yes. Because the draft contract isn't binding, either party can still change their mind right up until exchange of contracts, although doing so late in the process can be costly and disruptive for everyone else involved, particularly in a chain.

Why does my solicitor keep sending enquiries back and forth?
This is a normal part of due diligence. Your solicitor is checking the property, the title, and the seller's answers carefully before recommending you proceed, and some questions naturally lead to follow-up questions.

Does the draft contract include the completion date?
Often the completion date is left blank or shown as provisional in the draft, and only confirmed once both sides are ready to exchange contracts and everyone in any chain has agreed a workable date.

Summary and what to do next

• A draft contract is the working version of the contract for sale, prepared by the seller's solicitor once an offer has been accepted
• It isn't binding, so either side can still withdraw before exchange, which is different from how property transactions work in many other countries
• It's usually accompanied by a wider contract pack including title documents, the Property Information Form, and the Fittings and Contents Form
• The buyer's solicitor reviews it and raises enquiries, which can go through several rounds before both sides are satisfied
• Amendments to special conditions, completion dates, and included fixtures are all normal and expected parts of this stage
• Most straightforward purchases move from draft contract to exchange in roughly eight to twelve weeks, though timing varies considerably

As mentioned earlier, none of this is personalised legal advice, just general information from someone who writes about conveyancing rather than practises it. If you're partway through this stage yourself and something about your draft contract doesn't make sense, or you're worried about a particular clause, that's a conversation for your own solicitor or licensed conveyancer, who can look at your actual paperwork.

Need help or have questions?

We can't review or advise on your specific contract since we're not a firm of solicitors or licensed conveyancers, but we're happy to help point you towards other guides if there's a general aspect of the process you'd like to understand better.

Our contact form is the quickest way to reach us, just send your question through and we'll get back to you. For anything specific to your own transaction, please speak directly with your solicitor or licensed conveyancer.

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This article is written from a blogging perspective, not a legal one, and Triangle Legal Services is not a law firm. Please treat it as general background reading only, and get advice tailored to your own situation from a qualified solicitor or licensed conveyancer.