Pre-contract enquiries

Conveyancing Committee
Published:
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  • Conveyancing

The Conveyancing Committee has recently been requested to provide guidance regarding appropriate pre-contract enquiries.

It is the view of the Committee that the raising of reasonable and appropriate pre-contract enquiries is in accordance with proper conveyancing practice where such pre-contract enquiries relate to title.

Reasonable and appropriate pre-contract enquiries should be bespoke, relevant and tailored to the property in sale.  In addition, practitioners should be satisfied that the raising of a pre-contract enquiry is necessary and that the relevant enquiry has not already been adequately addressed by the Contract for Sale or by any of the materials furnished with the Contract for Sale.  

The Committee is of the view that non-title related pre-contract enquiries should not form part of the conveyancing process and should be dealt with by the vendor and purchaser separately as opposed to through legal correspondence.