Pre-contract Enquiries

Question 1

When is CPSE1 required?

Answer 1

Commercial property transaction

Question 2

When is CPSE2 required?

Answer 2

When property is subject to commercial tenancies - eg lease/ purchase of part

Question 3

When is CPSE3 required?

Answer 3

Grant of new lease (eg when acting for tenant on an industrial estate)

Question 4

What is covered in CPSE1?

Answer 4

• Responsibility for boundaries and their extent
• rights benefiting and burdening property
• access to property
• physical condition
• contents
• utilities and services
• planning and building regulations
• occupiers and employees
• noticed and disputes
• VAT treatment

Question 5

Where to check VAT treatment on a commercial property?

Answer 5

CPSE1

Question 6

Where to check rights benefiting and burdening commercial property?

Answer 6

Official copies
CPSE1

Question 7

Form used for pre-contract enquiries in residential transaction?

Answer 7

TA6 - property information form
TA10 - fittings and contents
TA7 - leasehold information form
TA8 - new home information form

Question 8

Form used for pre-contract enquiries for purchase of new home?

Answer 8

TA8 - new home information form

Question 9

Does ‘not so far as seller is aware’ in response to pre-contract enquiries absolve seller of liability?

Answer 9

Not if answer should have been ‘yes’

• implies seller has conducted all reasonable investigations and has no knowledge of defect

Question 10

When are damages available for incorrect responses to pre-contract enquiries?

Answer 10

Only where there is a ‘material difference between representation and actual description or value of property’