Requisitions on Title Flashcards
What is the main purpose of requisitions on title?
A. To request planning permission records
B. To finalise and confirm information necessary for completion
C. To investigate the full history of the title
D. To determine if the seller owns neighbouring properties
B. The main purpose of requisitions on title is to finalise and confirm information necessary for completion.
Explanation: Requisitions on title (e.g. TA13) are used by the buyer’s solicitor to get essential completion details like bank details, mortgage redemption arrangements, and vacant possession.
Which Law Society form is typically used for residential requisitions on title?
A. TA6
B. TA10
C. TA13
D. CPSE.1
C. The Law Society TA13 form is typically used for residential requisitions on title.
Explanation: TA13 is the standard form containing completion information and undertakings needed before completion of a residential property transaction.
A buyer’s solicitor is checking how the keys will be handed over on completion and requests confirmation that the seller will clear the mortgage using the sale proceeds. Which document would they most likely be reviewing or sending?
A. Land Charges Search (K15)
B. Title Information Document
C. TA13 (Completion Information and Undertakings)
D. Contract of Sale
C. The buyer’s solicitor would most likely be reviewing or sending the TA13 (Completion Information and Undertakings).
Explanation: TA13 covers key completion issues including vacant possession, method of key transfer, and mortgage redemption undertakings.
In a commercial transaction, the buyer’s solicitor receives the seller’s reply confirming redemption of the seller’s charge but then discovers no DS1 form was sent or electronic discharge arranged. What is the risk if completion proceeds?
A. The buyer’s solicitor may fail to comply with SDLT deadlines
B. The buyer might receive defective title due to ongoing encumbrance
C. The buyer’s mortgage offer will be invalid
D. The property might be revalued post-completion
B. The buyer might receive defective title due to ongoing encumbrance.
Explanation: Without redemption of the seller’s charge, the buyer’s solicitor cannot register the buyer as owner free of encumbrance. This could result in defective title and is a serious risk.
In a commercial transaction, what is the equivalent of TA13 for requisitions on title?
A. CPSE.3
B. CPSE.6
C. CPSE SCR or firm’s precedent
D. TA6
C. In a commercial transaction, the equivalent of TA13 is CPSE SCR or the firm’s own precedent.
Explanation: The CPSE SCR (Solicitor’s Completion Requirements) form is used in commercial property transactions to handle completion logistics.
The seller’s solicitor fails to disclose an existing mortgage in the replies to requisitions on title. Completion occurs, and the buyer cannot register their title. What is the likely result?
A. The buyer will need to reapply for a mortgage
B. The seller can be reported to the Land Registry
C. The buyer’s solicitor may claim professional negligence
D. The buyer must void the original contract
C. The buyer’s solicitor may claim professional negligence.
Explanation: The seller’s solicitor is expected to provide accurate and full replies. Failure to do so may result in financial loss and negligence claims.
What is the main reason the buyer’s solicitor requests the seller’s solicitor’s client account details in the TA13 form?
A. To check the seller’s credit rating
B. To verify the identity of the seller’s solicitor
C. To send the contract deposit
D. To transfer the exact amount payable on completion
D. To transfer the exact amount payable on completion
Explanation: One of the key purposes of the TA13 form is to request the seller’s solicitor’s client account details so that the buyer’s solicitor can send the correct balance of funds needed for completion.
The buyer’s solicitor is preparing for completion of a residential purchase. The seller’s solicitor has confirmed the mortgage will be redeemed and has agreed to follow the Law Society Code for Completion by Post. What does this code primarily ensure?
A. That the seller receives payment in cash
B. That both parties attend court in person to complete
C. That completion will happen via postal exchange of documents and undertakings
D. That the seller’s solicitor guarantees mortgage discharge before completion
C. That completion will happen via postal exchange of documents and undertakings
Explanation: The Law Society Code for Completion by Post facilitates completion via a secure and agreed-upon postal method, with both solicitors giving mutual undertakings to fulfil their obligations — including transferring money and redeeming charges.
A buyer completes their purchase, but later discovers that the seller’s mortgage was not discharged, and the charge remains registered. The seller’s solicitor had given an undertaking in the TA13 responses. What is the legal consequence of this failure?
A. The buyer must sue the mortgage lender for negligence
B. The seller’s solicitor may be in breach of undertaking and liable to the buyer
C. The Land Registry will automatically cancel the charge
D. The buyer is personally liable for the seller’s mortgage
B. The seller’s solicitor may be in breach of undertaking and liable to the buyer
Explanation: If the seller’s solicitor gave a professional undertaking to redeem the mortgage and failed to ensure this happened, they could be held personally liable for breach of undertaking. The buyer may suffer registration issues or financial loss as a result.
