Agent messages can help the parties identify and clarify proposed terms, but they should not automatically be treated as the written agreement. A provisional sale agreement is binding, while the formal sale and purchase agreement incorporates the basic terms agreed in the provisional agreement. Special conditions proposed for the formal agreement must be fully agreed by both parties before signing.
How the documents fit together
| Item | Practical role | What to check |
|---|---|---|
| Agent messages | May record proposals, clarifications and discussions. The cited guidance does not state that every message has the same legal effect. | Compare the exact wording of relevant messages with the written documents. |
| Provisional sale agreement | The Estate Agents Authority describes it as a binding document. | Check the terms that the parties agreed at this stage. |
| Formal sale and purchase agreement | According to the Estate Agents Authority, it incorporates the basic terms agreed between the parties in the provisional agreement. | Compare its basic terms with the provisional agreement and review any special conditions separately. |
How to check the message trail
A seller should begin with the messages relating to terms that were proposed, discussed or treated as agreed. The exact wording matters: a proposal should not be mistaken for a term that both parties finally accepted.
The next check is whether that agreed wording appears in the provisional sale agreement. The formal agreement should then be compared with the provisional agreement to see whether the basic terms have been carried forward consistently.
Special conditions require a separate check. The Community Legal Information Centre states that both parties must fully agree to all proposed special conditions before signing the formal agreement.
What the seller must still confirm
The cited sources do not provide a universal rule for deciding whether a particular message changes or supplements a contractual term. The seller must therefore confirm the final wording in the documents rather than rely on a message alone.
Before signing, the seller should confirm that:
- the basic terms in the formal agreement match those already agreed;
- every proposed special condition has been fully agreed by both parties; and
- any inconsistency between the messages and the documents has been resolved.
If the legal effect of a message remains unclear, or the documents appear inconsistent, independent legal advice should be obtained before signing.