Conveyancing enquiries are questions asked to learn more about a property during a sale. Also known as pre-contract enquiries, they refer to a series of questions raised by the buyer's solicitor and to the seller's solicitor. Enquiries are an important part of the process when making a house purchase.
Buying a house can be a complex process. Asking the right questions when buying a house is crucial to ensure that you fully understand exactly what you are purchasing and to prevent any hidden issues or costs. The aim is to resolve any possible concerns before the Contract Exchange takes place. This will ensure the right decision is made — bringing you peace of mind.
It is important to seek the help of professional solicitors with the right expertise to guide you through conveyancing enquiries. At Bird & Co, we handle the complexities related to conveyancing transactions. From the initial stages of gathering essential information to conducting thorough property searches, we leave no stone unturned to ensure a comprehensive understanding of the property and its legal implications. Our team is there to guide you at every step.
What sort of conveyancing enquiries are raised?
When purchasing a house, raising enquiries will help guarantee a positive outcome for all parties. For example, some of these key conveyancing enquiries may include:
- Enquiries regarding the property’s title and deeds
- Ownership Verification: Confirming that the seller legally owns the property and has the right to sell it
- Confirming the exact boundaries of the property and who is responsible for maintaining
- Structural Enquiries: Checking if there are any known structural problems with the property (such as damp or subsidence) and checking whether any building work done had the necessary planning permission and other approvals.
- Local Authority Searches: to check whether there are any records of planning or local issues that could affect the property
- Leasehold Enquiries: If the property is a leasehold, how long is left on the lease? Checking the terms of the lease are correct and the arrangements for management and repair of the building in which the property sits.
- Environmental Enquiries: Checking if the property is at risk from any past potentially contaminative uses of the land
- Confirming that services are connected (such as gas, electric, and water)
- Fixtures and Fittings: Confirming which things are included in the sale (eg., kitchen fittings)
- Easements and Covenants: Are there any rights of way over the property, or any restrictions on what can be done with the property? Also confirming the property has the benefit of the rights that are needed to use the property (such as rights of way and rights for services)
- Disputes: Have there been any disputes or any complaints about the property?
When are pre-contract enquiries raised?
Enquiries generally follow at two stages that are dependent on the progress of the transaction. Pre-contract enquiries are typically raised after an offer has been accepted and the buyer's solicitor has received a draft contract from the seller's solicitor, along with supporting documents such as the property's title deeds. The timing can vary depending on the specific circumstances of the transaction, but generally, this occurs early on in the conveyancing process, before the exchange of contracts, to ensure any potential issues are addressed in a timely manner.
Once we have received the Contract, the deeds, and other necessary forms about the property information and what's included in the sale from the seller's solicitor, we'll look them over. If we have any questions at this point, based on these documents, we'll ask them. We can then order the searches to be undertaken on the property. Once the results for these have been received, we will review them and, again, send any enquiries necessary to the seller’s solicitors.
It's important to note that the process might take several weeks, as it often involves back-and-forth communication between the buyer and seller's solicitors to clarify and resolve any issues raised by the enquiries. After all enquiries have been satisfactorily answered and the buyer's solicitor is content, they will report back to the buyer. Only then, when the buyer is happy with the answers provided and all other checks (such as the mortgage offer and search results) are in place, will they proceed to the formal exchange of contracts.
How do property chains affect enquiries?
Property chains can make the enquiry process longer. This is because each buyer and seller in the chain might have their own set of enquiries, and answering these can take time. So, the more people in the chain, the longer it might take to sort out all the questions.
Even with the potential for delays in a property chain, there's no need to worry. Your solicitor will handle the enquiries, working diligently to get answers as quickly as possible. They'll communicate with the other solicitors in the chain to make sure everyone is on the same page. Their goal is to ensure your purchase goes as smoothly as it can, keeping your best interests at the forefront.
What happens after enquiries when buying a house?
Once all the enquiries have been satisfactorily answered, the next steps in buying a house can proceed. This will include raising enquiries after searches. That stage is important because it means that all the potential issues have been dealt with and both parties have a clear understanding of all aspects of the property and the transaction.
At this point, your solicitor will provide you with a report that summarises the results of their investigations, the terms of the contract, and any other relevant details about the property. You should go through this report carefully, and if you have any questions or concerns, this is the time to raise them. Once you are happy with everything and ready to proceed, you will be asked to sign the contract.
After the contracts are signed, the solicitors will arrange a date for the exchange of contracts. On the agreed date, the contracts will be exchanged, and the buyer will typically pay a deposit. At that point, the sale becomes legally binding — neither party would be able to back out without incurring potential costs. Once the contracts have been exchanged, a completion date is set. This is the day when the rest of the money is transferred from the buyer to the seller's solicitor. If all goes to plan, the buyer can then collect the keys to their new property.
How long do conveyancing enquiries take?
The time conveyancing enquiries take can vary but is often completed in a fortnight or so. It all depends on how complex the sale is, how many enquiries there are, and how quickly the seller can answer the questions. If there are a lot of people involved in the chain, it may take a little longer.
How long after enquiries to exchange contracts?
Once all the enquiries have been addressed, the exchange of contracts typically follows within 1 to 2 weeks. However, this timeline can vary as it also depends on other factors, such as how quickly the mortgage offer is issued. During this stage, it's important to keep open and regular communication with your solicitor to ensure everything progresses smoothly. Bird & Co is well-versed in managing the conveyancing timeline effectively, making sure all steps go to plan in a timely and orderly manner, and ensuring timely communication throughout.
Are enquiries necessary?
Conveyancing enquiries are very important, as they provide necessary information about the property you're planning to buy, helping you to avoid any unexpected issues down the line. Without raising such enquiries, you might miss important details about the property that could affect your decision or lead to problems in the future.
Handling these enquiries on your own can be challenging. It is important to seek the guidance of conveyancing specialists, experienced in raising enquiries to completion. At Bird & Co, we ensure all the necessary questions are asked and answered. We are here to help you navigate the whole process. Buying a house is a significant investment, so it's always wise to seek the guidance of solicitors experienced in raising conveyancing enquiries.
What are the fees for enquiries?
The cost for making enquiries is usually contained within the fee you pay your solicitor as the buyer. Occasionally, however, the answers to those enquiries may lead to extra fees. These are known as 'disbursements'. For instance, if there's an issue that's not completely resolved, you might need to buy what's called an indemnity policy. This is a special kind of legal insurance that protects you if the issue comes up later and causes problems.
When should I instruct a conveyancer?
You can speak to a conveyancer as soon as you decide to sell or buy. This will give them the opportunity to open a file on your behalf and deal with preliminary issues such as checking your identity. If you are selling, your solicitor will be able to request your title deeds from your lender, send you the property information and fixtures and fittings forms to be completed and start preparing the contract package as soon as you have a buyer so that your transaction gets off to a quick start.
For more information, see our Conveyancing Services page.
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