Preserve emails that propose or explain a change to the special conditions, record acceptance or rejection, or request clarification, together with emails about basic terms relevant to the formal sale and purchase agreement. Keep the complete thread and attachments so the exact wording and the parties’ responses can be checked later. The cited pages do not state that emails must be retained or prescribe a retention period; the recommendations below are practical recordkeeping advice, not a stated universal legal duty.
Which emails should be preserved?
- Proposals to change special conditions: Keep the message identifying the proposed addition, removal, or rewording, together with any attachment containing the proposed text.
- Responses to a proposal: Preserve messages recording acceptance, rejection, requests for clarification, and follow-up responses. According to the Community Legal Information Centre, both parties must fully agree to all such conditions before signing the formal agreement.
- Drafts and attachments: Retain each version circulated and the message that transmitted it. An earlier version may be needed to show how the wording changed.
- The full exchange: Keep earlier messages, forwards, and replies that provide context. A single message can omit an earlier qualification or question.
- Basic terms: Preserve emails about proposed or confirmed basic terms. The Estate Agents Authority explains that the formal agreement incorporates the basic terms as agreed between the parties, carried over from the provisional agreement.
How to check the saved emails
- Confirm that the record includes the complete exchange, the sender and recipient details shown on the messages, and every available attachment.
- Read the email body and attachments together, retaining the exact wording rather than only a summary.
- Compare successive drafts and note which wording was sent, questioned, accepted, or left unanswered.
- Compare the email record with the provisional agreement and the formal sale and purchase agreement. Do not assume that an email replaces the formal agreement.
What the reader must still confirm
The cited guidance does not specify whether a particular email was legally required, how long it should be kept, or whether it had the same effect as a signed agreement. It also does not provide a complete rule for every type of amendment. The reader should confirm which wording was actually agreed, whether both parties agreed to all special conditions before signing, and whether the basic terms mentioned in the emails match the terms incorporated into the formal agreement. Any transaction-specific retention instruction would need to be confirmed separately.