Enquiries explained - Why your solicitor asks questions
Once property searches are complete, the buyer’s solicitor will raise enquiries to clarify details about the property and address any issues uncovered during the searches. This process ensures both parties fully understand the property’s condition and legal standing before committing to the sale. Here’s a guide to what enquiries involve, why they matter, and how to respond to them effectively.
1. What are enquiries?
Enquiries are questions raised by the buyer’s solicitor to gain further information or clarification about the property. These questions may arise from:
Search results: Specific findings in searches, like potential boundary disputes or environmental risks, may require clarification.
Property information forms: Details provided in forms completed by the seller, such as the Property Information Form or the Fixtures and Fittings Form, may prompt additional questions.
General due diligence: Standard questions are often raised about the property’s legal title, rights of way, utilities, and other fundamental aspects.
2. Common types of enquiries
Enquiries vary based on the property and search findings, but some common types include:
Boundary and access issues: If boundaries are unclear or if there’s shared access, the solicitor may request documents clarifying rights and responsibilities.
Planning permissions and building regulations: Enquiries often include requests for documentation on past renovations or extensions to confirm they complied with planning permissions and building regulations.
Utilities and drainage: Questions may be raised about drainage connections, rights to water access, and responsibilities for maintenance.
Property condition and repairs: If surveys or inspections uncover issues, the buyer may ask for further details or request repairs as part of the sale agreement.
3. Why enquiries are important
Enquiries protect both buyers and sellers by addressing potential risks or uncertainties:
Ensuring legal clarity: Enquiries verify that there are no legal complications, such as undisclosed covenants or easements, that could impact the property’s use.
Building buyer confidence: Answering enquiries fully and accurately helps reassure the buyer, reducing the likelihood of delays or deal breakdowns.
Preventing future disputes: By addressing issues upfront, both parties can proceed with greater certainty, reducing the chance of disputes arising after completion.
4. How to respond to enquiries
Responding to enquiries promptly and accurately is essential for keeping the sale on track:
Work closely with your solicitor: Your solicitor will manage the process, but you may need to provide documents or explanations for certain questions. Stay responsive to keep the process moving smoothly.
Provide full and accurate information: Incomplete or vague answers can lead to further questions, potentially delaying the sale. Aim to be as clear and thorough as possible.
Be open to negotiation: In some cases, a buyer may request repairs or adjustments based on enquiry findings. Be prepared to discuss reasonable requests to keep the sale moving forward.
What Open Moove Suggests Next
At Open Moove, we recommend these steps when handling property enquiries:
Stay organised and responsive: Responding promptly to enquiries will help maintain momentum and show the buyer your commitment to the sale.
Work with Your solicitor to resolve any issues: Trust your solicitor’s expertise to address questions and offer solutions that keep both parties satisfied.
Use Open Moove’s Platform for Support: Our platform provides guidance on managing common enquiries, helping you respond confidently and effectively.
By addressing enquiries thoroughly and accurately, you can help ensure a smooth sale, instilling confidence in the buyer and paving the way for successful completion.
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