Advice Needed: Making Freehold Transfer to Management Company Legally Binding

[BluePeer]

Hello everyone,
I am based in England.
I'm in the process of purchasing a share of freehold flat. The sales memorandum indicates it's a share of freehold transaction, and the seller has promised that the freehold will be transferred to the management company once all flats are sold. However, I'm concerned about how legally binding this promise is.
After reviewing the lease and contract, I've found that the only mention of freehold transfer is this clause in the lease:
"The Management Company hereby covenants with the Landlord that upon a transfer by the Landlord of its freehold interest in the Building to the Management Company the Management Company will enter into a covenant with the Landlord and in such form as the Landlord may reasonably require to observe and perform the covenants and conditions on the part of the Landlord specified in Schedule 5."
There's no mention "freehold" or the promise to transfer the freehold in the contract at all.
To complicate matters, our lawyer initially missed that this was supposed to be a share of freehold transaction. She confidently told us it wasn't, until both the seller's solicitor and I corrected her. This has made me worry about her experience and attention to detail.
Given this situation, I'd greatly appreciate advice on:

1. What specific clauses should be added to both the lease and the contract to make this freehold transfer promise legally binding?
2. What key phrases or legal terms must be used?
3. How can we ensure this obligation transfers to future owners of the freehold?
4. What mechanisms should be in place for enforcement?
5. Should there be a timeframe specified for the transfer after the last flat is sold?
6. Are there any potential pitfalls or loopholes I should be aware of?
7. Given our lawyer's initial oversight, what steps should I take to ensure everything is properly handled? For example, I potentially want to bring the supervising senior into the conversation, however I of course don't want to insult her.

If anyone has experience with this kind of situation or legal expertise in this area, I'd be very grateful for your insights. Thank you in advance for your help!

Here are some steps and considerations to help ensure the freehold transfer promise is legally binding and enforceable:

Explicit Freehold Transfer Clause:

1. Ensure the contract explicitly states that the freehold will be transferred to the management company once all flats are sold.
2. Example: "The Seller covenants to transfer the freehold interest in the Building to the Management Company upon the sale of the last flat in the Building."

Covenant to Bind Successors:

1. Include a clause that binds successors in title to the same obligation.
2. Example: "This covenant shall bind the Seller and its successors in title."

Timeframe for Transfer:

1. Specify a clear timeframe for the transfer after the last flat is sold.
2. Example: "The freehold interest shall be transferred to the Management Company within 30 days of the sale of the last flat."

Enforcement Mechanism:

1. Include a mechanism for enforcement, such as a penalty clause or a right to specific performance.
2. Example: "In the event of failure to transfer the freehold interest as stipulated, the Seller shall be liable for a penalty of [specified amount] per day until the transfer is completed."

Potential Pitfalls and Loopholes

1. Ambiguity: Ensure all clauses are clear and unambiguous to avoid disputes.
2. Enforcement: Consider how practical it will be to enforce the covenant if the seller fails to comply.
3. Legal Oversight: Given the initial oversight by your lawyer, it may be prudent to have a senior lawyer review the documents.

"Dear [Solicitor],
Thank you for your assistance so far. Given the importance of ensuring the freehold transfer is legally binding, I would appreciate it if a senior solicitor could review the documents to ensure all necessary clauses are included and correctly drafted. This will give us peace of mind that everything is in order.

Thank you for your understanding and cooperation.

Best regards, [Your Name]"