Who should conduct searches and raise enquiries?-FS

Question 1

Who is primarily responsible for conducting searches in a property transaction?

Answer 1

The buyer’s solicitor is responsible for carrying out conveyancing searches to uncover potential issues with the property.

Question 2

What legal doctrine underpins the buyer’s responsibility to uncover property issues?

Answer 2

The doctrine of caveat emptor (“buyer beware”), which places the burden on the buyer to investigate the property’s condition and legal status.

Question 3

What is the solicitor’s duty when advising a buyer about property searches?

Answer 3

To highlight risks, make recommendations on searches, and advise the client in writing, even if the client later declines to act on the advice.

Question 4

If a client refuses to follow their solicitor’s recommendations on searches, who bears the risk?

Answer 4

The client, provided the solicitor has documented their advice clearly and warned of potential consequences.

Question 5

What is the term for the detailed questions a buyer’s solicitor asks the seller about the property?

Answer 5

Inquiries—part of due diligence, designed to extract information that the seller is not legally obliged to disclose voluntarily.

Question 6

Why must solicitors recommend searches even if they’re not mandatory?

Answer 6

Because some searches reveal critical site-specific risks (e.g. flooding, contamination) that may affect the property’s value or suitability.

Question 7

In the scenario where a lake is near the development site, which specific search should be recommended?

Answer 7

A flood search, to assess whether the land is at risk of flooding, which may impact development plans.

Question 8

What distinguishes the solicitor’s advisory role from the client’s decision-making role in searches?

Answer 8

The solicitor informs and recommends, while the client decides whether to authorise and pay for those searches.