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SQE Property Practice > 3. Pre-Contract Searches & Enquiries > Flashcards

3. Pre-Contract Searches & Enquiries Flashcards

1
Q

Who prepares the RoT and at what stage?

A

Buyer’s sols before exchange.

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2
Q

The RoT identifies the m_______ f____ about the property, i_____ and i__________, and s________

A

material facts, issues and implications, solutions

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3
Q

The RoT also sets out the sol’s L____ of L________.

A

Limits of liability

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4
Q

Can the buyer’s sols choose what to include in the RoT?

A

No, they must report on all search results obtained.

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5
Q

How must the buyer’s sols write the RoT?

A

In an accessible way, appropriate to client requirements.

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6
Q

Who else might carry out searches, in addition to the buyer’s sols?

A

Lender’s sols.

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7
Q

What 4 searches should ALWAYS be carried out?

A

Local search (LLC1 and Con29)
D/W
Desktop Environmental
Chancel Repair Liability

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8
Q

What does the LLC1 result reveal?

A

GRANTED planning applications
Art 4 directions to disapply or modify GPDO
TPOs
Smoke Control Order
Listed building status
Conservation areas

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9
Q

What does the Con29 result reveal?

A

PENDING & REFUSED planning apps (in addition to granted).
BUILDING REGS approvals and completion certificates
Public right of way
Adoption status/plans
Contaminated land to L/A’s knowledge

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10
Q

Which search result would reveal pending and refused planning applications?

A

Con29

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11
Q

Which search result would only reveal granted planning apps?

A

LLC1

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12
Q

Which search result would reveal Art 4 Directions to disapply or modify GPDO

A

LLC1

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13
Q

Which search result would reveal building regs approvals and completion certificates?

A

Con29

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14
Q

Which search result would reveal road adoption status/future plans?

A

Con29

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15
Q

Which search result would reveal TPOs?

A

LLC1

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16
Q

Which search result would reveal listed building status?

A

LLC1

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17
Q

Which search result would reveal public rights of way?

A

Con29

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18
Q

Which search result would reveal a smoke control order?

A

LLC1

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19
Q

Which search result would reveal contaminated land notice to the L/A’s knowledge?

A

Con29

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20
Q

Which search result would reveal a conservation area?

A

LLC1

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21
Q

Which search result will reveal land designated as common land/village green?

A

Con29O

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22
Q

What might alert a buyer’s sol that a commons registration search might be needed?

What is the potential impact of this result?

A

If the land is open or property has been built on a greenfield site, on edge of urban area or has open space in its vicinity.

Reduced value of land if public may have access rights with development restrictions.

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23
Q

When might an environmental Phase 1 Survey be ordered?

A

If the desktop environmental search reveals the need for a site inspection.

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24
Q

When might an environmental Phase 2 Survey be ordered?

A

If Phase 1 Survey reveals a contamination risk.

25
Q

WHICH SEARCH….if the property is unregistered or comprises a number of titles or title excludes of mineral rights?

A

SIM

26
Q

When would a bankruptcy K16 search be carried out?

A

-Against seller if not full market value
-Against buyer taking a mortgage

27
Q

What is a K15 search?

A

Central Land Charges search

28
Q

When is a K15 search used and what/who is searched?

A

If the property is unregistered.
Searched against full names of seller and all previous owners from epitome of title.

29
Q

Can you use a K15 or K16 for a company?

A

No, individuals only.

30
Q

Which forms are completed as part of RESI pre-contract enquiries?

A

Property Information Form TA6
Fittings and Contents Form TA10

31
Q

What are the commercial pre-contract enquiries?

A

Typically CPSE1 (and other versions for diff transactions)

32
Q

What is the 4yr L/A time limit for planning enforcement?

A

4yrs = from date works SUBSTANTIALLY COMPLETED or change of use to SINGLE DWELLING HOUSE

33
Q

What is the 10yr L/A time limit for planning enforcement?

A

10yrs = OTHER CHANGES OF USE or
BREACH OF PLANNING CONDITION

34
Q

What is the time limit for enforcement for lack of building regs?

A

No time limit! (health &safety)

35
Q

What is the planning enforcement period if an owner converted their commercial property to a resi house?

A

4 years from change

36
Q

What would be the planning enforcement period for an owner converting a shop to a warehouse?

A

10 years (other change of use)

37
Q

An owner breaches a condition. What is the planning enforcement period?

A

10 years

38
Q

A rear extension was built without planning permission or building regs 8 years ago. Can any enforcement take place?

A

Planning = NO, as over 4 years since substantial completion
Building = Yes, as no time limits

39
Q

For planning breaches, enforcement is against who?

A

The CURRENT OWNER

40
Q

An Enforcement Notice, Stop Notice, Breach of Condition Notice and Injunction are all enforcement options for what breach?

A

Planning Permission

41
Q

Prosecution, Enforcement Notice and Injunction are all enforcement options for what breach?

A

Building regs

42
Q

What 3 pre-contract enquiries by the buyer may reveal planning/building regs concerns/info?

A
  1. LLC1/Con29,
  2. Seller’s replies to enquiries (CPSEs commercial or property information form resi)
  3. Buyer’s survey
43
Q

A developer did not obtain consent for a new-build resi property. What is the planning enforcement period?

A

4 yrs from substantial completion of works.

44
Q

Can additional commercial enquiries be raised?

A

Yes, any other specific enquiries can be raised.

45
Q

Can additional resi enquiries be raised?

A

ONLY enquiries of FACT arising from search results/docs provided. (Law Soc Conveyancing Protocol)

46
Q

2 remedies for misrepresentation?

A

RESCISSION= from error or omission resulting from fraud or recklessness
DAMAGES - Where material difference between representation and actual description/value of property.

47
Q

Which CPSEs if property subject to commercial tenancies?

A

CPSE2

48
Q

Which CPSEs if grant of new lease?

A

CPSE3

49
Q

Which CPSE if assignment of lease?

A

CPSE4

50
Q
A
51
Q

If resi new build, what is the TA8 that would be provided?

A

New Home Information Form

52
Q

If resi leasehold on long lease, what is the TA7 form?

A

Leasehold Information Form

53
Q

The Law Soc Conveyancing Protocol applies to which types of transactions?

A

RESI freehold and leasehold

54
Q

What is the The Law Soc Conveyancing Protocol’s main aim?

A

To ensure clients are treated fairly and are protected.

To promote open and transparent processes.

55
Q

Who must adopt the Law Soc Conveyancing Protocol?

A

Solicitors who are members of the Law Society’s Conveyancing Quality Scheme

56
Q

Is the Law Soc Conveyancing Protocol mandatory?

A

No, it is VOLUNTARY
UNLESS a solicitor is a member of the Law Society’s Conveyancing Quality Scheme

57
Q

Both asking for a seller’s opinion (instead of fact) AND
not updating enquiries answered 2 months+ ago would be a breach of what?

A

Law Soc Conveyancing Protocol

58
Q

Notifying the seller’s solicitor in a resi transaction that searches have not been submitted straight away after receipt of the draft contract is a good example of what in line with the Law Soc Conveyancing Protocol?

A

Transparency

59
Q

Buyer remedies for breach of building regs may include:
- I________ I_______
- Insist the seller obtains a R_____________ C___________
- Insist remedial work by the seller is a c________ of c_________/e_______

A

-Indemnity Insurance
-Regularisation Certificate
-Condition of contract/exchange

SQE Property Practice (16 decks)

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