The enquiries will allow the buyer’s conveyancer to understand any potential legal issues that may affect the property that the buyer, or mortgage lender, may need to be aware of before purchasing the property.
‘Buyer Beware’
The underlying principle in property transactions is ‘caveat emptor’ or ‘buyer beware’, which means that the risk is with the buyer to make the necessary enquiries and investigations to ensure that the property they are purchasing is what they are expecting. Also, that the price they are paying is fair.
As the responsibility is on the buyer to investigate the property, there are a wide range of enquiries that the buyers may raise, and the types of enquiries raised will depend on the property itself and the requirements of the buyer. Having said this, there is a move towards up front information and making more information available to potential purchasers when the property is marketed. Sellers should provide accurate and truthful information to avoid a misrepresentation claim.
For more information on 'caveat emptor' read here.
Common Enquiries
- Enquiries about the property’s title and deeds including requesting additional title information or querying discrepancies
- Confirming any of the property’s boundaries, and who is responsible for maintaining them
- Requesting further information if there is anything attached to the property that could affect its value (such as a right of way)
- Requesting copies of any planning permission and building regulations approval that has been granted for the construction of or alteration to the property
- Requesting further information in addition to the result of standard searches and surveys
- Requesting more information about any disputes or complaints about the property
- Requesting a management pack or further information regarding ground rent and service charges
Who Answers The Enquiries?
Upon receipt of the enquiries, the seller’s Solicitor will decide which of the questions they can deal with from the information in their possession, and which ones they may need your assistance with. In some cases, the seller’s Solicitor will need to contact third parties, such as the local authority, or a management company, to obtain the answers.
To ensure that enquiries do not prolong the sale process it is important to have all relevant documents and information together, and that this is sent to your solicitor as soon as possible in the sale process.
Does The Buyer Need To Answer All Enquiries Raised?
Not all enquiries need to be answered however, your Solicitor should be able to advise you which enquiries are essential, and which ones we don't particularly need to answer. In some cases, the enquiries that have been raised by the buyers can be determined by their own surveys and inspections. On the other hand, enquiries that can be answered by the sellers should be, it is best practice to answer enquiries as fully as possible.
The onus is on the house seller to provide accurate and up to date information in response to any enquiries, and they have a legal obligation to be honest. A seller is obliged to disclose underlying defects in title regardless of whether the buyer asks, and substantial non-disclosure can entitle the buyer to refuse to complete.
What Happens Once Enquires Have Been Answered?
When the replies to enquiries are sent to the buyer’s Solicitor, they have to assess the answers given and decide if they have satisfied the enquiries raised, or whether in itself the answers raise any further questions. If the answers are not satisfactory, the buyer’s conveyancer will raise further enquiries.
Enquiries must be satisfied before the exchange of contracts, as enquiries cannot be raised after this point. If all enquiries are satisfied, then the sale can proceed to the next stage, which is the exchange of contracts.
What Happens If There Are Issues With My Property?
If you believe that there might be an issue with your property, it is important to inform your Solicitor of this as early as possible so that they can advise you of how this can be resolved. It could be as simple as taking out an insurance policy, which in many cases is not expensive.
How Can Timms help?
At Timms, our team specialise in providing high quality legal advice and support to our clients. Whether you are buying or selling your home, our dedicated Conveyancing Team are committed to guiding you through the process in a friendly and helpful way.
We believe in complete transparency so that when we provide you with a quote, we guarantee there will be no hidden extras.
To obtain a quote from us, please call us on freephone 0800 011 6666 or use our online quote provider: Residential Conveyancing