3. Pre-Contract Enquiries Flashcards

1
Q

What does Phase I survey involve

A

Desktop study and site visit

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2
Q

When is a CON29M carried out

A

If postcode within mining area on Coal Authority website

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3
Q

When is a Chancel Repair Search carried out

A

If property not transferred for valuable consideration on/after 13th October 2013

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4
Q

Searches/steps that are compulsory for the BUYER only (not S)

A

Energy Performance Certificate and Structural Survey & Physical Inspection

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5
Q

CPSE sent to who

A

Seller’s S

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6
Q

Utility searches sent to

A

Via NLIS or direct to provider

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7
Q

Who is CON29 sent to

A

Via NLIS or direct to LA

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8
Q

Who is a Desktop Environmental Search sent to

A

Via NLIS or e.g. Searchflow

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9
Q

Search to show boundary of public roads

A

Highways Search

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10
Q

When carry out utility searches

A

If B instructs

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11
Q

Why carry out Commercial Drainage & Water search

A

Connected to mains; metered service; adoption agreement for mains/pipes

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12
Q

Why is CON29 carried out

A

Pub/Private roads; planning info wider than LLC1, environmental notices, and public right of way

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13
Q

When is a Company Search carried out

A

Purchasing from company

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14
Q

Who is a Waterways Search sent to

A

Via NLIS or letter to Canal & River Trust

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15
Q

Why is a Highways Search carried out

A

Boundary of public roads (to check property abuts + no right of access needed)

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16
Q

CON29O is sent to who

A

Via NLIS or direct to LA

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17
Q

Search to show BR, Pub/Priv roads, public RoW and environmental notices

A

CON29

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18
Q

Who carries out a valuation report

A

Valuer on behalf of lender

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19
Q

What CAs show on LLC1

A

After 31/08/1974

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20
Q

Why is CON29M carried out

A

Subsidence, coal mining, if there has been or is pending claim for subsidenc

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21
Q

Search for coal mining

A

CON29M

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22
Q

Who is CON29M sent to

A

Via NLIS or direct to Coal Authority

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23
Q

Who is a Highways Search sent to

A

LA

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24
Q

It is negligent not to search Common Land Register if open land

A

Ladenbau

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25
Q

Seach for common land

A

CON29O

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26
Q

How does B get energy performance certificate

A

In CPSEs

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27
Q

Why CON29O carried out

A

Find out if common land on property

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28
Q

Why is CON29 insufficient, and need to carry out Desktop

A

CON29 only answers about serving of environmental notices (e.g. remediation), does not answer about contamination

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29
Q

Why is a Desktop Environmental Search carried out

A

Contamination; Classification as A/B; flooding; subsidence; land use within 250m radius

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30
Q

S cannot deliberately mislead in answering B’s Qs

A

Gordon v Selico

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31
Q

What is the general rule when S sells to B

A

Caveat emptor

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32
Q

SIM sent to who

A

Via NLIS or direct to LA

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33
Q

Who is the Commercial Drainage & Water Search sent to

A

Relevant company

34
Q

Search if Desktop flags potential contamination

A

Phase I

35
Q

Gordon v Selico ratio

A

S cannot deliberately mislead in answering B’s Qs

36
Q

When is a full structural survey appropriate

A

Old + expensive

37
Q

Why SIM

A

Shows registered land in the are + caution against 1st reg

38
Q

Why is Chancel Repair Search carried out

A

For if maintenance of C of E Church

39
Q

Which out of LLC1 and CON29 give more info on planning issues

A

CON29

40
Q

Reply ‘as far as S aware’ suggests reasonable investigation case

A

William Sindall

41
Q

Phase I/II Survey sent to

A

Via environmental search provider

42
Q

Who is LLC1 sent to

A

Via NLIS or direct to LA

43
Q

If Chancel Repair Search shows maintenance costs, what might S be asked

A

To buy chancel repair insurance

44
Q

Who is Chancel Repair Search sent to

A

Via search provider or search National Archives

45
Q

Search to find out responsibility of maintaining waterway

A

Waterways Search

46
Q

What is a Homebuyer’s survey

A

Residential, more details

47
Q

Why is CH search carried out

A

To check solvency and charged assets of S

48
Q

Why is CPSE carried out

A

Info from seller

49
Q

What searches make up the ‘Local Search’

A

LLC1 and CON29

50
Q

Search to get info from S

A

CPSE

51
Q

How many compulsory searches in total

A

10

52
Q

Ladenbau ratio

A

It is negligent not to search Common Land Register if open land

53
Q

How does CON29 give more info on planning issues

A

Inc. BRs, refused and pending PPs

54
Q

William Sindall ratio

A

Reply ‘as far as S aware’ suggests reasonable investigation

55
Q

Search to check for maintenance of C of E church

A

Chancel Repair

56
Q

Why carry out Phase I Survey

A

Desktop flags potential contamination

57
Q

Search to check connected to mains, metered service etc.

A

Commercial Drainage & Water

58
Q

How many compulsory searches

A

8

59
Q

Why is LLC1 carried out

A

PP, CA (after 31/08/1974), LB, Article 4, Enforcement/Stop notices, TPOs and smoke control

60
Q

6 optional searches

A

CON29M, CON290, Company search, waterways search, Phase I/II Survey and Utility Searches

61
Q

Who is a Company Search sent to

A

CH

62
Q

8 compulsory searches by B’s S

A

LLC1, CON29, SIM, Desktop, Commercial Water & Drainage, Chancel Repair, Highways and CPSEs

63
Q

Search to check for (un)reg land + cautions against 1st reg

A

SIM

64
Q

Why is it important to know if there is common land on the property

A

If there is, it cannot be built on

65
Q

How many optional searches

A

6

66
Q

Different levels of structural survey

A

Valuation report –> Homebuyer’s survey –> Full structural survey

67
Q

Search to show granted PP; CA; LB; Article 4; E/SN

A

LLC1

68
Q

LA liability for CON29

A

Subject to exclusion clause, could sue LA in negligence

69
Q

When is it safe to rely on LLC1

A

If less than 3 months old.

70
Q

Why is CON29 to find out Pub/Priv roads useful?

A

For adoption + contribution by frontagers for ‘adoptable standard’

71
Q

Why carry out Waterways Search

A

Responsibility of maintaining waterway; rights of way/fishing rights.

72
Q

Search if purchasing from company

A

CH search

73
Q

LA liability for LLC1

A

If inaccurate/misleading, compensation

74
Q

What can physical inspection show

A

Overriding interests, e.g. actual occupation

75
Q

What does Phase II survey involve

A

Testing soil + water - very expensive

76
Q

What if CON29M shows pending or past claim for subsidence

A

No further payments will be made for future claims

77
Q

Search to check for potential contamination, land use within 250m radius, flooding etc.

A

Desktop

78
Q

When is Phase II carried out

A

Phase I identifies actual/potential contamination

79
Q

What search shows if connected to mains

A

CD&W

80
Q

What search shows land use within 250m radius

A

DES

81
Q

Date after which, if no valuable consideration + transfer, check Chancel Repair Search

A

13th October 2013