When buying or selling any property it is essential that both parties are made aware of any potential issues which surround the property and are able to make a fully informed decision throughout the process. A key aspect of this is the enquiries stage of any transaction. This is where questions are raised by the buyer’s solicitor about any legal matters that are unclear. The responses to these enquiries could determine whether a buyer continues with the purchase or withdraws.

All enquiries raised should be specific to each individual transaction and can cover a range of topics such as boundaries, rights of way, planning permission or results of searches that have been carried out.

These enquiries can uncover hidden problems that are not visible by just viewing the property, they can clarify any uncertainties reducing any future disputes i.e boundary disputes and also can reduce the risk a buyer takes by disclosing issues before purchasing therefore allowing for negotiation in price.

Once the buyer’s solicitor receives the draft contract pack from the sellers solicitors, they will be able to review the title documents together with the protocol documents and raise any queries they may have. This stage of the transaction can take a reasonable amount of time as various documents may need to be reviewed in detail. There also can often be a lot of back and forth at this stage if initial responses to enquiries are unsatisfactory.

The seller’s solicitor will respond to the queries and provide the buyers solicitor with their answers. In some instances, there are even third parties who may need to be involved which can cause further time delays.

Once all enquiries have been responded to, the buyer’s solicitor will report to their client to ensure they are happy to proceed to completion.

Please contact our Conveyancing team for more information on this topic.

Article written by Jessica Fisher, Trainee Solicitor.

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