When buying or selling a property, one of the most important stages in the conveyancing process is the raising and answering of conveyancing enquiries.
Enquiries are not just routine questions; they are vital to ensure the buyer has all the information they need to proceed with the purchase with confidence.
What are Conveyancing Enquiries?
Conveyancing enquiries are a series of questions raised by the buyer’s solicitor after reviewing the contract pack and property documents provided by the seller’s solicitor. The more information the seller’s solicitor provides up front, the fewer enquiries the buyer’s solicitor will need to raise.
It is very important that the seller’s solicitor replies to enquiries accurately and efficiently. The seller’s solicitor will assess the enquiries to determine which can be answered directly and which require input from the seller or third parties (e.g. managing agents, local authorities).
Common Enquiries
Many enquiries require factual information from the seller, such as details about works carried out, disputes, or warranties. The solicitor will liaise with the seller to gather this information. Where necessary, the solicitor will obtain or request documents to support the responses, such as planning consents, building regulations certificates, or indemnity insurance quotes.
Once all information is gathered, the solicitor will respond to the buyer’s solicitor in writing, often in a structured format that clearly addresses each point. If any issues arise, such as missing documents or unresolved disputes, the seller’s solicitor may negotiate solutions, such as offering indemnity insurance or agreeing to remedial works.
Enquiries help uncover any potential issues that could affect the buyer’s decision to proceed, the value of the property, or their ability to use it as intended. They also provide an opportunity to clarify responsibilities and ensure transparency between both parties.
For example, if a buyer discovers that a recent extension was done without building regulations approval, they may request indemnity insurance or renegotiate the price. Similarly, if there are unclear rights of way or shared access, these need to be resolved before contracts are exchanged.
The time spent in dealing with enquiries is often one of the main reasons property transactions can take such a long time. According to the Conveyancing Protocol (a framework designed to streamline the conveyancing process) the buyer’s solicitor should only raise enquiries required to clarify issues arising out of the documents submitted by the seller’s solicitor or that are relevant to the title, planned use, nature or location of the property or which the buyer has expressly requested.
The buyer’s solicitor should not raise enquiries where the answers can be ascertained from the buyer’s own searches, surveys or inspections of the property.
The time it takes to deal with enquiries can vary depending on the complexity of the property and how quickly the seller (and any third parties, such as managing agents or local authorities) can respond. At Timms, we aim to keep this process as efficient as possible by proactively managing responses and keeping all parties informed.
Next Steps...
If you have questions about conveyancing enquiries or the buying/selling process more generally, feel free to get in touch with us on 0800 011 6666 or email legal@timms-law.com.
For more information, visit our Conveyancing webpage here.
