Requisitions on title are an important part of the final stages of the conveyancing process. These are specific, formal enquiries made by the buyer’s solicitor to the seller’s solicitor shortly before the completion of a property transaction.
Unlike general enquiries raised earlier in the conveyancing process, requisitions on title are designed to confirm crucial details related to the completion of the sale, such as financial arrangements, completion logistics, and the property's legal status.
These questions focus on finalising practical and financial arrangements, ensuring that the completion can proceed smoothly without any last-minute complications.
Requisitions on title are often issued using a standardised document known as the TA13 Form, which covers essential matters such as bank details, the handover of keys, and any final financial adjustments.
Addressing these requisitions helps protect both parties by clarifying any outstanding issues and ensuring that the transaction can proceed without delays or complications.
Why might a requisition be required?
Requisitions on title serve to clarify any outstanding issues and provide the necessary assurances before the transaction is finalised. They help to ensure:
- That the property can be transferred without legal or financial complications.
- All financial arrangements are in order, including the clearance of any existing mortgages or charges.
- The practical arrangements for the completion date are agreed upon, minimising the risk of any delays.
Addressing these requisitions allows both parties to proceed to completion with confidence, reducing the chance of disputes or delays.
When are requisitions on title raised during the conveyancing process?
Requisitions on title are typically raised during the final stages of the conveyancing process, just before the completion of the property transaction.
They are submitted by the buyer’s solicitor after reviewing the draft contract and title documentation provided by the seller’s solicitor.
This usually occurs after initial property searches and checks have been conducted but before the contracts are exchanged.
This stage allows time for the seller’s solicitor to respond to any queries, ensuring that all critical details are clarified and agreed upon, facilitating a smooth and efficient completion process.
What are replies to requisitions on title?
Once the buyer’s solicitor has submitted requisitions on title, the seller’s solicitor is required to respond clearly and accurately. These responses must address each enquiry in detail to ensure there are no misunderstandings or ambiguities.
The replies provide important information, such as the payment of any outstanding charges, the readiness of the property for handover, and the accuracy of bank details for the transfer of funds. Any discrepancies or delays in responding can impact the timeline for completion, potentially jeopardising the transaction.
What do replies to requisitions on title include?
Replies to requisitions on title are often provided using a standard form, such as the TA13 Form, which covers a range of practical and legal topics that need to be clarified before completion. Common areas addressed in the replies include:
- Bank Details: Confirmation of the seller's bank account for the transfer of the completion funds.
- Completion Arrangements: Agreement on where and when the keys will be handed over upon completion.
- Outstanding Mortgages and Charges: Assurance that any existing mortgages or charges secured on the property will be cleared before or at the time of completion.
- Vacant Possession: Confirmation of whether the property will be vacant or tenanted on the completion date.
- Title Documentation: Details of the title deeds that will be handed over to the buyer’s solicitor once the transaction is completed.
- Practical Handover: Clarification of how and where completion will take place and instructions on how to manage the transfer of the property.
What happens if requisitions on title are not resolved?
If requisitions on title are not resolved, it can cause significant delays to the transaction. The buyer may be unwilling to exchange contracts until all issues have been addressed, and in some cases, unresolved requisitions can lead to the collapse of the sale altogether. This is why it’s crucial for both parties to handle requisitions promptly and accurately to ensure a smooth path to completion.
By finalising requisitions on title efficiently, solicitors help guarantee that the buyer will acquire the property free of any undisclosed issues and that the completion process will proceed as expected, safeguarding the interests of both buyer and seller.
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