Pre-Contract Enquiries Flashcards
(16 cards)
How should the buyer’s solicitor treat replies to enquiries?
With caution — they should not be relied upon as the sole source of information, but used to supplement investigations.
What are the standard forms used in commercial transactions?
Commercial Property Standard Enquiries (CPSEs).
What does CPSE1 cover?
Boundaries, access, utilities, physical condition, occupiers, notices, disputes, VAT, and more.
When is CPSE2 used?
When the commercial property is subject to commercial tenancies.
When is CPSE3 used?
When the transaction involves the grant of a new lease.
What is TA6 used for in residential property?
It provides information on boundaries, planning, alterations, rights, services, and disputes.
What is TA10 used for?
To identify fittings and contents included or excluded from the sale.
What is TA7 used for?
For leasehold properties, providing information on service charges, ground rent, and lease terms.
What is TA8 used for?
For newly built homes, with questions about warranties and building standards compliance.
When can additional enquiries be raised in a commercial transaction?
At the buyer solicitor’s discretion, though the seller may decline to respond if deemed irrelevant or burdensome.
When can additional enquiries be raised in a residential transaction under the Conveyancing Protocol?
Only if they clarify issues arising from the documents, title, use, location, or survey.
What constitutes a misrepresentation in replies to enquiries?
A false statement of fact (not opinion) that the buyer relies on and suffers loss as a result.
What must a seller do if they cannot investigate an issue properly?
Explicitly state the inability to investigate in their reply.
What are the remedies for misrepresentation in replies?
Rescission (in limited circumstances) or damages if there is a material difference.
When is rescission allowed under standard conditions of sale?
Only for fraud, recklessness, or where the buyer is prejudiced into accepting a substantially different property.
What is required to claim damages for misrepresentation?
There must be a material difference in description or value between the property represented and the actual property.
