You will often ask your solicitor where are we up to. Your solicitor will reply ‘we await replies to enquiries’ What does this mean?
Questions we put to the sellers solicitors before we exchange contracts are known as pre-contract enquiries .There may be issues not covered by the Sellers Property Information Form, the Sellers Leasehold Information Form or by standard searches and specific pre-contract enquires may have to be raised. In that case, additional tailored questions are asked.
These may include:
1. Building Regulations
Where replacement windows have been fitted: “Please advise when the replacement windows were fitted. If after 31st March 2002 please supply a copy of the requisite FENSA certificate together with a copy of the 10-year guarantee.”
Electrical works: “Please advise whether any electrical works have been carried out to the property since 31st December 2004. If so please supply a copy of the necessary Part P certificate.”
2. Drainage & Water
Where the property is served by a septic tank “In relation to the septic tank please let us have replies to the following:
a. Please mark the location of the tank on a copy of the filed plan
b. Unless the tank is within the boundary of the property please provide evidence of the necessary rights of drainage and access for repair
c. With how many properties is the tank shared?
d. Unless the tank exclusively serves this property, what arrangements are in place with respect to maintenance, repair and emptying costs?
e. How often should the tank be emptied?
f. When was it last emptied and what was the cost?
g. Please provide details of the company usually employed to empty the tank
h. When was it last serviced/inspected?
i. So far as the seller is aware, are there any outstanding items of repair or maintenance in respect of the tank?”
Where the property is connected to a private sewage treatment plant or cesspool: “In relation to the sewage treatment plant please let us have replies to the following:-
a. Please mark the location of the plant on a copy of the filed plan
b. Unless the plant is within the boundary of the property please provide evidence of the necessary rights of drainage and access for repair
c. With how many properties is the plant shared?
d. Unless the plant exclusively serves this property, what arrangements are in place with respect to maintenance, repair and emptying costs?
e. When was it last serviced/inspected?
f. So far as the seller is aware, are there any outstanding items of repair or maintenance in respect of the plant?
g. Please provide a copy of the Environment Agency’s Consent to Discharge (if applicable)”
The information obtained in the replies could identify potential problems that may be expensive to resolve. You are best advised to wait the replies before making a legal commitment to complete your purchase .
Clarkson Hirst solicitors 22.12.23 Lancaster Kendal and Barrow conveyancing solicitors
