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The LARK Partnership Reservation Option

At The LARK Partnership, we recognise that buying or selling a property is one of the most significant financial decisions our clients will ever make.

Unfortunately, the current system for property transactions in England and Wales is often uncertain, slow, and sometimes unfair, leaving both buyers and sellers exposed to unnecessary stress, risk, and expense.

While the wider legal framework and industry practices are beyond our control, we have introduced a Reservation Agreement option to improve the process where we can. Reservation fees are not an industry-wide standard, nor are they a perfect solution, but they represent the most practical step we can offer toward greater security, transparency, and certainty within the limitations of the existing system.

In the UK, the journey from agreeing a sale to exchanging contracts is often lengthy and fraught with uncertainty. According to the Law Society, it takes an average of six months to complete a residential property transaction, despite ongoing industry efforts to digitise and streamline conveyancing (Law Society, 2024Home to innovation: how the UK is leading the way in digital conveyancing | The Law Society)

The surprising truth? Transactions now take longer than they did twenty years ago, despite the advances in technology and communication. This drawn-out timeline not only increases stress, risk, and expense for both buyers and sellers, but also makes it far more likely that a sale will collapse for reasons entirely unrelated to the transaction itself.

Life doesn’t pause while you wait for contracts to exchange. As the time between agreeing a sale and legally exchanging contracts has lengthened, the possibility of unexpected events impacting the transaction naturally increases. Redundancy, a change in personal circumstances, a new job, relocation, illness, growing families, children leaving home, bereavement, separation; the list goes on and any of these events can arise during the extended process. Every extra week increases the risk that something outside anyone’s control will derail the process. And this applies to both buyers and sellers: just as a buyer may be forced to withdraw, sellers can, and do change their minds, often with equally devastating consequences for the other party.

Once a sale is agreed in the UK, the property is typically marked as “Sold Subject to Contract” (SSTC), and marketing generally ceases. This status tends to discourage new enquiries and viewings. However, under the Code of Practice set by The Property Ombudsman (TPO), estate agents are legally obligated to present all offers to the seller, even if the property is already under offer, until contracts are exchanged (The Property Ombudsman, 2019Layout 1). This requirement can lead to situations commonly referred to as “gazumping”, where a higher offer is received and accepted during the sales period, often with devastating effects on buyers.

In practice, this means a seller may have to re-market months later, losing valuable marketing time, while a buyer may face the heartbreak of losing a home after investing heavily in surveys and legal fees.

The combination of lengthy transaction times and the possibility of gazumping contributes to a high rate of failed property transactions in the UK. Research suggests that nearly one in three deals collapse, often due to gazumping, procedural delays, or issues raised by surveys (Law Society, 2024). These inefficiencies not only create stress and uncertainty but also lead to significant financial losses for both parties.

A key challenge in the current system is the absence of a defined timeframe for buyers to complete their due diligence; such as surveys, inspections, or the requirement for any issues arising from initial legal checks to be identified early. Without this structure, buyers can raise concerns or seek to renegotiate the agreed price months into the process, often triggering delays, fall-throughs, or creating forced price drops across the chain just to keep it intact. This lack of predictability creates unnecessary stress and financial risk for everyone involved.

Recognising these challenges, the UK government has proposed various reforms to streamline the home-buying process, including providing upfront property information (such as condition reports and leasehold details) and introducing legally binding contracts to prevent last-minute withdrawals. Yet, despite years of discussion, no concrete or lasting measures have been implemented to improve the process for buyers and sellers, leaving them exposed to very different risks, but with unlimited collateral consequences, in what is often one of the most significant monetary transactions they will undertake (Law Society, 2024).

What does the Reservation Agreement offer buyers and sellers?

In 2022, we introduced our Reservation Agreement route. When an offer is made on one of the homes we represent, the buyer can choose how their offer is presented to the seller: either through the traditional route (as outlined in the ‘Current State of Play’ section above), or via our Reservation Agreement option.

Security for buyers:

Removes the risk of being gazumped.

Buyer confidence:

Once the buyer’s conveyancer receives the full draft contract, the buyer has 30 days to fully investigate the property and carry out any checks or legal factors that are conditional on their decision to proceed. After this period, they confirm their commitment to purchase at the agreed price.

Certainty for sellers:

They know the buyer is committed.

Structured timeline:

Reduces unnecessary stress, risk, and expense.

Chain certainty:

Protects sellers from unexpected complications in linked transactions. Helps to minimise these risks by providing a committed buyer and a structured 30-day timeline.

Seller confidence

If your sale is likely to fall through due to legal issues, renegotiations, or property condition concerns, this will be determined within the first 30 days after the full draft contract is issued to the buyer’s conveyancer

How it works

1

Buyer places 2% reservation fee of the agreed purchase price.

2

The Seller agrees not to accept or consider further offers during the reservation period, and the property is no longer advertised ‘for sale’.

3

Once the Buyers conveyancer confirms receipt of the full draft contract from the seller’s solicitor, a 30-day due diligence period begins. This stage gives the buyer time to carry out checks and investigations to ensure they’re confident about the purchase. It’s about highlighting any issues early, not about completing the full legal process or being ready to exchange.

4

During this period, buyers are encouraged to carry out any checks, surveys, or investigations that may influence their decision to purchase, or highlight issues with condition or title.

5

Any legal, survey, or condition-related matters identified during due diligence period are raised and addressed, ensuring transparency and preventing late-stage surprises.

6

Any necessary renegotiation based on buyers’ due diligence findings take place during this period, keeping discussions structured and timely.

7

If the buyer chooses to withdraw during the due diligence period, or if issues arise that cannot be resolved to the satisfaction of both parties; the reservation fee is fully refundable.

8

After the 30- day due diligence period, the reservation fee becomes non- refundable but remains contribution toward the purchase price

9

The full reservation period extends up to 90 days, allowing sufficient time for conveyancing and other transaction steps to progress toward exchange and completion.

Key Features of the Reservation Fee:

Chain Certainty

Protects sellers from unexpected complications in linked transactions. With a committed buyer and a structured 30-day review period, the risk of delays or fall-throughs at a much later stage is significantly reduced.

Security to Proceed

Buyers can move forward with confidence, knowing the property is reserved exclusively for them. Sellers gain peace of mind that their buyer is financially committed, allowing them to progress their onward purchase with certainty.

No Additional Cost

The reservation fee isn’t an extra charge — it simply counts toward the agreed purchase price.

Confidence with Accountability

Buyers remain free to complete all necessary checks and investigations but are encouraged to identify any key issues that could affect their decision or the agreed price early in the process.

Early Identification of Issues

The 30-day due diligence period is a focused, early-stage review window designed to highlight any potential red flags quickly, ensuring transparency for both parties.

Structured 90-Day Reservation Period

Our 90-day reservation provides stability throughout the transaction. It allows time for linked chains and legal processes to progress naturally, while ensuring that any issues or renegotiations on the transaction have already been addressed early, helping both parties proceed with confidence.

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