If the land is not sold by auction but privately, the parties usually fix the price by negotiation and then proceed to draw up a formal contract, as the seller does not wish to prove his title as strictly as would be necessary under an open contract.

The contract would then be in the following form.

AN AGREEMENT made the 17th day of July, 1907, between Berkeley Burt of Richmond in the County of Surrey coal merchant (hereinafter called "the seller") of the one part and Arthur Andrews of 105 Lothbury in the City of London Esquire (hereinafter called "the buyer") of the other part, WHEREBY IT IS AGREED as follows: -

(1) The seller agrees to sell and the buyer agrees to buy for the sum of 7500 All That freehold messuage and hereditament known as Parklands situate at X in the County of Surrey containing 97 a. 3 r. 29 p. or thereabouts (all which hereditaments are described in the plan annexed hereto and are thereon coloured pink) for an estate of inheritance in fee simple free from incumbrances.

(2), (3), (4), etc.

These clauses will be much the same as the clauses in the conditions of sale (pp. 270-274), omitting Clause 1 which deals with the auction.

The buyer will also try to procure a clause throwing on to the seller the cost of producing all necessary documents and evidence though not in the seller's possession (see p. 265).