The Key Role of Memorandum of Sale in Real Estate


If you’ve ever been involved in real estate transactions, you may have encountered the term “Memorandum of Sale.” While it might sound like legal jargon, it plays a crucial role in real estate. Know the depths of a memorandum of sale, its significance, and why it matters to buyers and sellers.

Real estate transactions involve intricate processes, legalities, and documentation. One crucial document that plays a pivotal role in these transactions is the memorandum of sale. It serves as a record of the agreement between the buyer and seller, outlining the terms and conditions of the sale.

Components of a Memorandum of Sale

A comprehensive Memorandum of Sale includes the following components:

  • Property Details:The document must accurately describe the sold property, including its address, boundaries, and any fixtures or fittings included in the sale.
  • Buyer and Seller Information:The full names, contact details, and legal representation (if any) of both the buyer and the seller must be provided.
  • Agreed Price:The agreed-upon price for the property should be clearly stated, along with details of any deposit paid.
  • Payment Terms:Outline the payment structure, including the payment methods and deadlines for future payments.
  • Conditions of Sale:This section should cover any conditions that need to be met before the sale is finalized, such as property inspections, repairs, or obtaining a mortgage.
  • Signatures:The Memorandum of Sale must be signed by both the buyer and the seller to indicate their acceptance of the outlined terms.

Importance of Memorandum of Sale

  • Legal Recognition:Although not legally binding, the Memorandum of Sale is a precursor to the formal contract. It lays the foundation for the legally binding contract to follow.
  • Avoiding Misunderstandings:By detailing the terms and conditions of the sale, the Memorandum of Sale reduces the risk of misunderstandings or disputes between the buyer and seller.
  • Reference for Future Disputes:In future legal disputes, the Memorandum of Sale can serve as crucial evidence of the agreed-upon terms, minimizing ambiguity.

How to Create a Memorandum of Sale?

  • Engage a Legal Professional:To ensure accuracy and legality, it’s advisable to involve a solicitor or conveyancer in drafting the Memorandum of Sale.
  • Inclusion of Relevant Details:All details must be accurate and comprehensive, leaving no room for misinterpretation.
  • Review and Approval:Both parties should review the document carefully before signing, and any necessary amendments should be made.