Pre-contract searches & enquiries

PP.02 — Pre-contract Searches & Enquiries

Why they matter. Caveat emptor governs conveyancing: the seller has no general duty to disclose the property's physical condition or quality. The buyer must investigate. Searches and enquiries are how the buyer discovers defects before exchange — after exchange the buyer is locked in.

The seller's limited duty

• Seller must disclose latent incumbrances/defects in title (third-party rights affecting title), but not physical/patent defects the buyer can see or discover.
• Seller must not misrepresent. Replies to enquiries (TA6/CPSEs) can found a misrepresentation claim if untrue — answer "not so far as the seller is aware" honestly, never blindly. Misrepresentation Act 1967.
• Consumer Protection from Unfair Trading Regs 2008 (estate agents/sellers in consumer sales): banned misleading actions/omissions.

Standard searches (residential)

• Local Land Charges (LLC1) + CON29 enquiries of the local authority — planning permissions, building regs, road status (adopted/maintained at public expense), tree preservation orders, enforcement/conditional planning. CON29O for optional extra enquiries.
• Drainage & water (CON29DW) — foul/surface water drainage connected, public sewer within boundary.
• Environmental (desktop) search — contaminated land, flood, landfill. Triggers Part IIA EPA 1990 liability awareness ("polluter pays", else current owner/occupier).
• Chancel repair — post-Aston Cantlow (2003), buyers search; risk normally covered by indemnity insurance.
• Mining/specialist searches where location demands (coal authority, tin, brine, etc.).
• Pre-contract enquiries: residential = TA6 (Property Information) + TA10 (fittings); commercial = CPSEs.

Buyer's own physical inspection

Buyer/surveyor inspects for: physical defects, boundaries, and occupiers — anyone in actual occupation may have an overriding interest (LRA 2002 Sch 3 para 2; cf. Williams & Glyn's Bank v Boland). Inspection also reveals adverse possession or unregistered easements/rights.

Common SQE traps

• Caveat emptor does not excuse failure to disclose title defects, nor protect against misrepresentation.
• Search results bind the buyer's solicitor's advice, not the seller — a missed search is the solicitor's negligence.
• Local search reveals public matters only; private rights need title investigation + inspection.
• Reliance on an existing search: searches go stale (lender/practical priority period); usually re-do rather than rely.
• SDLT is a post-completion matter (return + payment within 14 days of completion), not part of pre-contract searches — don't conflate.