Pre Exchange Searches

Question 1

Pre exchange searches always do

Answer 1

Inspection/survey (done by buyer)

Pre contract enquiries of seller

LLC1

CON 29

Drainage and water search

Environmental desktop search

Chancel repair

Index map search

Highway search (check property abuts a public highway)

Question 2

Sometimes searches

Answer 2

Con 29O

Con 29m (mining)

Company’s search

Waterways environment agency

Full environmental survey

Question 3

Case for seller avoiding misrepresentation written or verbal this can also be by conduct = CASE NAME??

Caveat emptor (buyer must check themselves) for physical defects but seller must avoid misrepresentation = SCPC??

Answer 3

GORDON V SELICO

Seller must not conceal defects

SCPC 4.2.1 seller must avoid a misrepresentation

O.1.2 solicitor must act with integrity if seller asks to mislead or misrepresent to the buyer

Question 4

Carrying out building works witout planning permission ?

Breach of condition in planning permission ?

Answer 4

Carrying out building works witout planning permission = 4 years enforcement period

Breach of planning permission? = 10 years enforcement period

Question 5

Material chance of use unless a single dwelling house

Answer 5

Material chance of use unless to single dwelling house is 10 years from date of chance

Question 6

Material chance of use to a single dwelling house ??

Answer 6

Material chance to a single dwelling house is only 4 years from date of change

Question 7

Building regulations ??

Answer 7

No time limit for Building regulation breach

Cottingham and cottingnam V Attey Bower and Jones. = highlights risk of negligence of solicitor who does not check

Question 8

Listed building consent ?

Answer 8

No time limit for enforcement. Can be enforced at anytime