When you are buying a property, conveyancing enquiries are an important part of the legal process. Your conveyancer will review the legal title, contract papers, property searches and information supplied by the seller, then raise any relevant questions needed to protect your interests.
The latest edition of GRACE — Guidance for Raising Appropriate Conveyancing Enquiries — is practitioner-led best-practice guidance designed to reduce unnecessary enquiries and delays. It encourages conveyancers to ask questions that are specific to the property or transaction, rather than relying on lengthy lists of generic enquiries. For buyers, this means the legal work remains focused on issues that could affect the purchase, mortgage or future ownership of the property.
When might your conveyancer raise additional enquiries?
- clarify an unusual or unclear point in the legal title, contract or supporting documents;
- investigate a potential issue revealed by the property searches;
- obtain missing information or documents that are legally relevant to the transaction;
- seek further details about something disclosed by the seller; or
- address a specific concern raised by you or your mortgage
What questions will not usually be raised?
Your conveyancer will not generally ask the seller for opinions about the physical condition of the property, request information that is already publicly available or duplicate questions already answered in standard forms, documents or searches. Matters concerning the building’s condition may be better addressed through an appropriate property survey.
The aim is not to stop conveyancers asking questions. It is to make sure that each enquiry is focused, relevant and necessary. This can help reduce avoidable delays and costs while ensuring that important legal issues are properly investigated before exchange of contracts.
The Law Society’s Conveyancing Protocol takes a similar approach, stating that additional enquiries should be relevant and necessary to the transaction and that indiscriminate use of standard additional enquiries should be avoided.
Speak to your conveyancer about any concerns
If you have a particular concern about the property you are buying, tell your conveyancer as early as possible. Your instructions may show that a further property-specific enquiry is appropriate. Hayward Moon’s residential conveyancing specialists provide clear, practical guidance throughout the house-buying process. Contact Hayward Moon today to discuss your proposed purchase and the next steps in your conveyancing.
This article is provided for general information only and does not constitute legal advice. Specialist advice should be taken in relation to your individual circumstances.
