Conveyancing enquiries, also known as pre-contract enquiries, are questions raised by a buyer’s solicitor regarding the property being purchased.
The purpose of these legal enquiries is to ensure clarity and identify potential issues regarding the property sale. For example, an enquiry may be made to check that building regulation requirements were met for an extension.
In this guide, we explore why enquiries are made, the process, how it impacts the sale and overcoming any challenges when buying a new home.
Why Are Enquiries Important?
Enquiries are an essential part of the conveyancing process as they protect the buyer’s interests. In addition to clarification of what is included in the sale, enquiries can uncover a range of potential problems. This could include disputes with neighbours or unclear property boundaries.
Ensuring these enquiries are answered and documented is essential. They can help avoid issues with the home or legal concerns in the future, giving a comprehensive understanding of the property. These queries are part of the due diligence that must be undertaken by a buyer’s conveyancing solicitor.
These enquiries can refer to the TA6 Property Information Form provided by the seller or searches arranged by your conveyancer. They may have questions based on the results of the property searches, including water and draining, environmental or local authority searches.
An enquiry can be made about any element of the sale, including the contents of the home which will be included in the purchase.
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Types of Conveyancing Enquiries
Below are the different types of enquiries typically made by a conveyancer:
Property Title and Ownership
This includes confirming that the seller legally owns the property and has the right to sell it, in addition to clarity on the property’s boundaries. This may also include enquiries about who is responsible for maintaining boundary walls and any communal areas.
Structural and Planning Permissions
These will be questions about past renovations, planning permissions for the home and structural issues. Your solicitor will request any details of denied works or plans, past work and any structural concerns known to the seller. If required, they can also enquire about indemnity insurance.
Leasehold Properties
If the property is leasehold, your conveyancer is likely to submit enquiries surrounding the terms of the lease, any ground rent or service charges and the remaining lease duration. They can also query about any restrictions and other relevant details about the lease of the home. If you are buying a freehold property, these enquiries will not be required.
Environmental and Local Authority Checks
Local authority checks can reveal details regarding footpaths, highways, planning and building regulations in the surrounding area. If there is anything concerning or unclear reported, your conveyancer can raise this as a query with the seller’s solicitor.
An environmental search can identify potential risks like flood zones or contaminated land. Your solicitor can follow up on these by asking the seller to confirm if there have been any issues related to the findings. They can also ask if there was any impact on insurance premiums.
Services and Utilities
These enquiries are essential for ensuring proper connection of gas, water, electricity, and drainage. It would also be helpful to enquire as to the location of meters and stopcocks. Your solicitor may ask about upgrades to any of the utilities and if building regulation certificates are present for these works.
Easements, Covenants, and Restrictions
This includes rights of way, property restrictions, and shared responsibilities. Although more likely with leasehold properties, it is important to ensure there are no restrictions or responsibilities that will fall to the buyer once contracts have been exchanged.
Fixtures and Fittings
These relate to what is included in the sale and should be detailed in the TA10 Form including white goods and kitchen appliances, curtains and blinds or large decor items (such as fixed mirrors and light fixtures). Any questions related to the TA10 Form can be raised as part of the enquiries.
Disputes and Complaints
Reviewing any history of neighbour disputes or property-related complaints. This can include Party Wall concerns (such as boundaries or planned works), noise complaints and anti-social behaviour-related issues or even parking concerns.
When and How Are Enquiries Raised?
Enquiries are made between an offer being accepted and before the contract exchange. They can be made both before and after the conveyancing searches are complete.
Your solicitor will draft the enquiries and send them to the seller’s solicitor. They will then respond with the seller's details. Your solicitor will send you both the questions they asked and the response from the seller and their solicitor.
Anything discussed with the seller or their solicitor must be put in writing and vetted by your conveyancer.
Your solicitor will document all responses and any corresponding evidence alongside your other conveyancing paperwork. This is compiled and summarised as a Report on Title which the buyer must read thoroughly before exchanging contracts.
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Common Challenges and How to Overcome Them
Below are a couple of challenges you may face during the process and how to work through them:
Delays
Delays can happen due to a lack of communication from either party. Regular and clear communication is essential for the progress of a property sale. Buying and selling property can be time-consuming but enquiries are essential and must be completed before the sale can be finalised.
Misunderstandings
Misunderstandings could arise if you are not clear about your concerns or requests. If a seller or their solicitor, for any reason, has made a verbal promise or arrangement with you, this must be put in writing for it to be included with your legal documents.
Tips for a Smooth Enquiry Process
Although the enquiries are made by your solicitor, there are a few things you can do to ensure a smooth process:
Selecting an experienced solicitor
One of the best ways to ensure a smooth enquiry process is to have a regulated and reliable solicitor. They will make the enquiries on your behalf and report back to you, so your trust in their ability to do so effectively is vital.
Keeping open communication with your legal team
Regular communication with your solicitor is vital at every stage of the conveyancing process. When it comes to enquiries, make sure you query anything you are unsure of or have concerns over. You may also want to include some queries of your own, for example, if there is something in the home you want to request to be included in the sale. Make sure you ask these questions in good time and follow up with your solicitor.
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Frequently Asked Questions
Why do enquiries take time?
Enquiries take time due to the channel of communication. You must submit your enquiry in writing (such as an email) to your solicitor. They will communicate this with the seller’s solicitor who in turn will ask the seller. Once the seller has responded to their solicitor, the information is sent to your solicitor and finally to you.
Can a sale fall through during the enquiry stage?
Yes, a sale could fall through during the enquiry stage. Sales can fall through at any stage of the buying and selling process but are less likely at later stages of the process. Once contracts have been exchanged there may be financial and legal penalties for pulling out of the sale.
What happens if issues are found during enquiries?
You will have options depending on the severity of the issue. If it is something that can be remedied easily, you can do so once you have moved in or request that the seller take this on before the sale completes. If the issue is significant, you could consider negotiating on the property price or pull out of the sale completely.
Find a Conveyancer
Conveyancing enquiries are an important part of the house-buying process so it is vital that you find the best solicitor for your needs. They can help you make an informed decision on the property purchase by providing you with essential details about the home.
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All companies must pass our strict verification process to join our partner network. This ensures they work to the highest standards. Part of our process requires conveyancers to be regulated by one of the following:
Solicitors Regulation Authority (SRA)
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Chartered Institute of Legal Executives (CILEX)