General Conditions of Sale 2023 (Revised) Edition

16/04/2024 10:05:52

An update from the Conveyancing Committee regarding the General Conditions of Sale 2023 (Revised) Edition which has now been released.

The revised edition incorporates the constructive feedback that has been received from practitioners.  Such feedback is always welcome and if you have any comments on the contract or suggestions that might be considered for incorporation into the general conditions in the future, please send them to the Secretary of the Conveyancing Committee at conveyancing@lawsociety.ie.

The changes in the revised edition are summarised below:

  1. The updated conditions have been titled, the "Conditions of Sale (Revised) Edition".
  2. General Condition 2(f) has been deleted from the Contract for Sale and General Condition 49 (Severance) updated to consolidate the two provisions (see paragraph 5 below).
  3. A new definition for Personal Data has been added at the definitions section which reads: "Personal Data" has the meaning given to it in the GDPR.
  4. The definition of Shared Personal Data has been amended so that the term "personal data" is capitalised to capture the newly defined term: "Shared Personal Data" means Personal Data shared by the Vendor or the Purchaser with the other for the purposes of the Sale.
  5. General Condition 49 (Severance) has been amended as follows:

If any term, provision, clause or sub-clause of this Contract (or as the case may be, any part of any term, provision, clause or sub-clause of this Contract), not going to the root of this Contract, shall in whole or in part be unlawful, void or unenforceable or shall contravene any enactment or rule of law, that term, provision, clause or sub-clause or part thereof shall for so long as the term, provision, clause or sub-clause of this Contract continues to be unlawful, void or unenforceable, or in contravention of any enactment or rule of law, be deemed severed from and not to form part of this Contract provided always that neither its inclusion in the first instance nor its deemed severance and omission shall otherwise prejudice the enforceability of this Contract.