When it comes to buying or selling a property, one vital document that needs to be in place is the sales and purchase agreement (SPA). This is a legal binding document that outlines the terms of the sale or purchase between the buyer and seller, including the price, payment terms, and conditions of the sale. However, one question that often arises is who pays for the SPA?

In most cases, the buyer is responsible for paying for the SPA. This is because the SPA is primarily used to protect the buyer`s interests, and it is therefore in their best interest to ensure that the SPA is drafted correctly and covers all the necessary terms and conditions. The buyer`s lawyer or conveyancer will typically prepare the SPA and charge the buyer for their services.

However, there are instances where the seller may pay for the SPA. For example, if the seller is an experienced property investor or developer, they may have their own lawyers or conveyancers who prepare the SPA on their behalf. In such cases, the seller may choose to absorb the cost of preparing the SPA as part of their overall selling costs.

It is worth noting that the cost of preparing the SPA may vary depending on several factors, including the complexity of the transaction, the value of the property, and the type of property being bought or sold. Buyers and sellers are advised to discuss the cost of preparing the SPA with their lawyers or conveyancers upfront to avoid any misunderstandings later on.

In conclusion, while the buyer is generally responsible for paying for the SPA, there may be situations where the seller may choose to do so. Regardless of who pays for the SPA, it is a vital document that ensures a smooth and legally binding transaction between the buyer and seller. It is therefore important for both parties to understand its importance and seek professional advice to ensure that the SPA is drafted correctly and covers all necessary terms and conditions.