Pre-contract searches and enquiries - Who conducts searches and raises enquiries

Learning Outcomes

After reading this article, you will be able to identify who is responsible for conducting pre-contract searches and raising enquiries in property transactions, explain the main types of searches and enquiries, and understand the professional duties and practical steps required of a solicitor in this process. You will also be able to apply these principles to SQE1-style scenarios and avoid common pitfalls.

SQE1 Syllabus

For SQE1, you are required to understand the practical and legal responsibilities for conducting pre-contract searches and raising enquiries in property transactions. Focus your revision on:

  • The role of the buyer’s solicitor in carrying out searches and raising enquiries
  • The main types of pre-contract searches and their purposes
  • The process of raising pre-contract enquiries and analysing responses
  • Professional conduct issues, including conflicts of interest and duty of care
  • The importance of reporting findings to the client and lender

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Who is primarily responsible for carrying out pre-contract searches in a standard residential property transaction?
  2. Name three types of pre-contract searches that are routinely conducted in every transaction.
  3. What is the main purpose of raising pre-contract enquiries with the seller?
  4. What professional conduct issue may arise if a solicitor acts for both the buyer and the lender?

Introduction

Pre-contract searches and enquiries are essential steps in any property transaction. They help uncover legal, practical, and financial issues that could affect the property’s value, use, or suitability for the client. Understanding who is responsible for conducting these searches and raising enquiries is fundamental for SQE1 and for effective legal practice.

The Role of the Buyer’s Solicitor

In almost all property transactions, it is the buyer’s solicitor who takes the lead in conducting pre-contract searches and raising enquiries. This responsibility is driven by the principle of caveat emptor—let the buyer beware—which places the onus on the buyer to investigate the property thoroughly before committing to purchase.

Key Term: caveat emptor
The legal principle that the buyer is responsible for investigating the property and cannot later complain about defects that could have been discovered through proper searches and enquiries.

The buyer’s solicitor must ensure that all relevant searches are carried out, that appropriate enquiries are raised with the seller, and that the results are analysed and reported to the client (and lender, if applicable) before exchange of contracts.

Types of Pre-Contract Searches

The main types of searches conducted by the buyer’s solicitor include:

  • Local authority search: Reveals planning permissions, building regulations, road adoption status, conservation area designations, and other local matters.
  • Water and drainage search: Confirms whether the property is connected to mains water and public sewers, and identifies any private arrangements.
  • Environmental search: Identifies risks of contaminated land, flooding, or other environmental hazards.
  • Chancel repair liability search: Checks for any liability to contribute to the repair of a local parish church.
  • Mining and ground stability searches: Relevant in areas with a history of mining or subsidence.
  • Flood search: Assesses the risk of flooding from rivers, sea, or surface water.
  • Land Registry search: Confirms the seller’s title and reveals any charges, restrictions, or notices affecting the property.
  • Index map and Land Charges search: Used for unregistered land to check for registered interests or pending applications.

Key Term: local authority search
A search made with the local authority to reveal planning, building control, and other statutory matters affecting the property.

Key Term: water and drainage search
A search made with the local water company to confirm water supply and drainage arrangements for the property.

Key Term: environmental search
A search to identify environmental risks such as contamination, flooding, or landfill sites affecting the property.

Key Term: chancel repair liability search
A search to check if the property is subject to an obligation to contribute to the repair of a local parish church.

Key Term: mining search
A search to identify past or present mining activity that could affect the property’s stability or value.

Raising Pre-Contract Enquiries

In addition to searches, the buyer’s solicitor raises pre-contract enquiries with the seller’s solicitor. These are standard and additional questions designed to clarify issues not revealed by searches or to follow up on matters of concern.

Key Term: pre-contract enquiries
Questions raised by the buyer’s solicitor to the seller’s solicitor to obtain information about the property that may not be revealed by searches or inspection.

Common areas covered by pre-contract enquiries include:

  • Boundaries and disputes
  • Alterations and planning permissions
  • Guarantees and warranties
  • Occupiers and tenancies
  • Services and utilities
  • Environmental issues
  • Insurance claims or damage

The seller is required to answer these enquiries honestly and accurately. Misleading or incomplete replies may give rise to a claim for misrepresentation.

Professional Conduct and Duties

The buyer’s solicitor must act in the best interests of the client, exercise reasonable care and skill, and comply with professional conduct rules. Key duties include:

  • Ensuring all relevant searches and enquiries are made
  • Analysing and explaining the results to the client
  • Reporting any issues to the lender if acting for both buyer and lender
  • Managing conflicts of interest, especially when acting for both buyer and lender
  • Maintaining confidentiality and avoiding disclosure of client information without consent

Key Term: conflict of interest
A situation where a solicitor’s duties to two or more clients may conflict, requiring careful management or withdrawal from acting.

Reporting and Advising

Once the results of searches and enquiries are received, the buyer’s solicitor must:

  • Review and interpret the findings
  • Advise the client on any risks or issues
  • Report to the lender on matters affecting the property’s value or marketability
  • Recommend further action, such as obtaining indemnity insurance or negotiating with the seller

Worked Example 1.1

A buyer’s solicitor receives a local authority search revealing that the property is not connected to a public sewer and relies on a private septic tank. What should the solicitor do?

Answer: The solicitor should raise a pre-contract enquiry with the seller to clarify the maintenance arrangements for the septic tank, check compliance with regulations, and advise the client of any ongoing responsibilities or costs.

Worked Example 1.2

A mining search reveals past coal mining activity beneath a property. What is the solicitor’s next step?

Answer: The solicitor should advise the client of the potential risk of subsidence, recommend a structural survey if appropriate, and consider whether indemnity insurance or further investigation is needed.

Exam Warning

If a solicitor fails to carry out appropriate searches or raise necessary enquiries, and the client suffers loss as a result, the solicitor may be liable for negligence. Always ensure all standard and transaction-specific searches are completed.

Revision Tip

When preparing for SQE1, memorise the main types of searches and who is responsible for conducting them. Practice applying these principles to different property scenarios.

Key Point Checklist

This article has covered the following key knowledge points:

  • The buyer’s solicitor is responsible for conducting pre-contract searches and raising enquiries in property transactions.
  • Main types of searches include local authority, water and drainage, environmental, chancel repair, mining, flood, and Land Registry searches.
  • Pre-contract enquiries are raised to clarify issues not revealed by searches or to follow up on matters of concern.
  • The solicitor must analyse and report the results to the client and lender, advising on risks and recommending further action.
  • Professional duties include acting in the client’s best interests, managing conflicts of interest, and complying with conduct rules.

Key Terms and Concepts

  • caveat emptor
  • local authority search
  • water and drainage search
  • environmental search
  • chancel repair liability search
  • mining search
  • pre-contract enquiries
  • conflict of interest
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Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal