Missives

Question 1

Fixtures, fittings & contents

Answer 1

Clause 1
Must distinguish between heritable and moveable property
if fixtures removed then breach of contract

Question 2

Awareness of circumstances affecting the property

Answer 2

Clause 2
Eg notcies of payment of improvement/ repairs, any history of flooding within 5 years, other circs that are not disclosed in the Home Report

Question 3

Specialist Reports

Answer 3

Clause 3

if there have been any specialist treatments carried out to the property - accompanied by a guarantee

Question 4

Central heating, systems and appliances

Answer 4

Clause 4

• central heating, systems and appliances all in good working order (if not, disclose during contract stage)
• commensurate with age - protects the seller
• tell purchaser client to check if things are working when they first move in

Question 5

Development

Answer 5

Clause 5
the position regarding planning notices actually issued and affecting the property can be verified either by the planning department of local council or PEC that deals with planning matters
Seller’s solicitor needs to check whether the seller has received any notices and is able to give this warranty

Question 6

Statutory notices

Answer 6

Clause 6

covers notices or orders issued prior to date of conclusion of missives, not date of entry

Question 7

Property Management and factors

Answer 7

Clause 7
full details of any factoring and block insurance arrangements
- what they pay, how much etc

Question 8

Alterations

Answer 8

Clause 8
Any additions or alterations completed within 20 years of date of entry - building regulation consents from local authority required

Question 9

Disputes/ litigation

Answer 9

Clause 9

no disputes with neighbours etc relating to access, title, or common property

Question 10

Access

Answer 10

Clause 10

give the purchaser reasonable access for inspection, measurement or the provision of quotations

Question 11

Utilities and services

Answer 11

Clause 11

seller will cooperate in the transfer of utility bills

Question 12

Requirements for form

Answer 12

Missives must be written

Question 13

Requirements for consensus

Answer 13

Seller and purchaser must consent to conditions of the missives

Question 14

Requirements for content in contract

Answer 14

Price, property, parties, date of entry etc

Question 15

purchaser wants you to submit an offer on property they have not viewed

Answer 15

can follow instruction but advise them to view

Question 16

mother asks you to submit offer on behalf of her son who works offshore

Answer 16

cannot follow instruction - need his consent

Question 17

purchasing client asks you not to take any chasing calls from selling solicitor - not sure if they can get mortgage

Answer 17

make sellers agent aware of the circumstances - could make conditional offer with suspensive condition on client getting a mortgage
sellers agent might issue a de planto acceptance - no obligations
client would not be bound until mortgage is obtained

Question 18

seller verbally agreed an odder at a closing date for his property then said to one of the unsuccessful bidders that they have a done deal. now he wants you to communicate acceptance to second party. you have already communicated acceptance to first party

Answer 18

might have to stop acting for client

depends when and how there was communication of acceptance

Question 19

practical problems from buying a new build in terms of date of entry

Answer 19

often no fixed date of entry - settlement will be conditional on the house being completed and passed as fit for habitation by local authority
builders might give completion date but not warrant this

Question 20

why is it important to keep clients up to date?

Answer 20

ensures they are satisfied with the status of the transaction so problems are identified ASAP
prevents negligence claims

Question 21

selling client asks what they can do to get a purchaser to respond to qualified acceptance?

Answer 21

set a closing date if there is not already one
phone purchaser’s solicitor
ultimatum - we’ll put this back on the market if you don’t hurry (be careful with this one)

Question 22

how would you explain a suspensive condition?

Answer 22

possible to conclude missives conditional on something happening (getting a mortgage). if they do not happen, or do not happen in the way specified, it will entitle the parties to withdraw
conditional missives with suspensive conditions
most common is ‘subject to survey’ - conditional on a satisfactory survey being obtained

Question 23

purpose of Property enquiry certificate

Answer 23

gives details of any notices served on the property owners such as repair notices
careful attention to matters it discloses

Question 24

client selling flat in tenement building had quotes through the door for repainting the close. wont be done until after the date of entry

Answer 24

client must make the purchaser aware of the written notification and must gain consent
client remains liable for the costs - clause 6.2
if work is incomplete or unpaid then buyer can retain cost from the price

in this case work is not necessary and not approved but must still tell purchaser

Question 25

describe missives

Answer 25

Your offer must be sent as a letter from your solicitor. The seller will then consider the offer.
The seller’s solicitor and your solicitor will then send each other letters negotiating these conditions. These letters are called ‘missives’.

Question 26

how does PEC differ from Home Report

Answer 26

PEC deals specifically with planning matters and confirms position regarding roads, sewage, water etc
HR is survey of condition, PEC is standard practice for marketing a god title