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Replies to requisitions and certification of search results
The Conveyancing Committee confirms that replies to requisitions on title are given by a vendor’s solicitor “for and on behalf of the vendor” – as is set out in the signature block at the end of the standard requisitions, and also in the explanatory memorandum to the 2019 Requisitions on Title (available in the ‘Precedents’ section of the website).
There is, therefore, no necessity for:
- Replies to the effect of ‘thevendor says yes’, or
- the use of special conditions in contracts for sale stating that replies to requisitions are those of the vendor and no liability shall attach to the vendor’s solicitors in relation to replies given.
It is not acceptable conveyancing practice to provide replies to requisitions on title or certification of searches on a ‘without prejudice’ basis.
