Step 4.3

Negotiate and Agree the Sale

Handle counter-offers and turn acceptance into a clear memorandum of sale.

What you’ll learn

By the end of this step, you should be able to:

  • Respond to counter-offers without abandoning an evidence-based limit.
  • Confirm the agreed price, inclusions and parties needed for a memorandum of sale.

The decision this lesson prepares you for: How should you handle a counter-offer, and what needs to be confirmed once you agree a price?

Between the first offer and a settled agreement there is usually a short negotiation — and after it, a piece of paper that matters more than it looks: the memorandum of sale. This step is about conceding the right things, nailing down what is included, and converting a verbal 'yes' into an agreed written record that starts the legal process.

Negotiate with more than price

Price is one lever among several: completion-date flexibility, buying speed, included items and certainty all have value to specific sellers. A seller needing a school-year move may take £3,000 less from a buyer who can match their date. Find out (via the agent) what the seller actually wants — it is often cheaper to give than money.

Pin down what is included

Fixtures and fittings disputes are absurdly common. The seller will eventually complete a TA10 fixtures and fittings form listing exactly what stays; at agreement stage, get every promised item — appliances, curtains, sheds, light fittings, the garden bench that sold you the place — recorded in writing with the agent so the TA10 has something to be checked against.

The memorandum of sale

Once terms are agreed, the agent issues a memorandum of sale to both sides and both conveyancers: names, price, property, solicitors, agreed conditions (like off-market status). It is not legally binding — nothing is until exchange — but it is the document that formally starts conveyancing, and errors in it propagate. Check every detail the day it arrives.

Your action list

Practical tips

  • Concede slowly and get something each time — a £2,000 rise in exchange for the appliances and a date that suits you is a good trade.
  • Keep the agent updated weekly from here on; agents chase chains most energetically for buyers they like.

What can go wrong

  • Verbal promises about what stays with the house have a short half-life — if it is not written down now, expect an empty hook where the promise was.
  • The memorandum of sale does not secure the property; treating it as a finish line is how buyers relax into the fall-through statistics.
  • PropertySquares provides education, not financial or legal advice. Verify current rules and obtain advice for your circumstances before acting.

Check your understanding

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Why does this lesson say the memorandum of sale needs checking 'line by line' the day it arrives?