Pre-Contract Searches and Enquiries - Report on Title

Question 1

What is a report on title?

Answer 1

It is a document prepared by the buyer’s solicitor before exchange, reporting on the title investigation, search results, and enquiries. It identifies material facts, issues, implications, and possible solutions in plain English.

Question 2

Why is a report on title necessary?

Answer 2

Because under caveat emptor, once contracts are exchanged, the buyer generally cannot object to issues not discovered earlier.

Question 3

What are the three key elements that the report on title must contain?

Answer 3

(1) Material facts about the property, (2) Issues and their implications, and (3) Available solutions.

Question 4

What common disclaimers might appear in a report on title?

Answer 4

That the solicitor does not advise on the property’s commercial viability, physical condition, or market value, and recommends a survey be conducted.

Question 5

Why should the report not be relied upon by anyone other than the client?

Answer 5

Because it is prepared confidentially for that client, and liability does not extend to third parties.

Question 6

When should the report on title be provided to the client?

Answer 6

Before exchange of contracts, so the client can understand and act on any issues before becoming legally committed.