Satisfying the buyer's request for information and documentation

The importance of being pro-active

This is not simply about replying to preliminary enquiries and providing copies of documents requested.  The chances are that the Seller wants the sale concluded in the shortest time possible.  That is not going to happen if we simply wait for the buyer's solicitors to put forward all their queries.  Those queries have to be anticipated.  That is why it is important to check the title information carefully and seek out documents which are missing before they are asked for.  If there are flaws in the title, these will be drawn to the clients attention before they are picked up and any remedial action begun as instructed.

The importance of being careful with information

If there are any replies to enquiries which are not accurate, then you as the Vendor can be sued for misrepresentation.  When we seek out information for the purpose of satisfying the buyer's solicitors, we have to be careful to ensure that it is reliable and accurate.   The Home Charter Scheme reminds us of that duty.  Part I, Code 9, reads as follows

"Take due care in obtaining information to deal with any additional enquiries or requisitions which may be raised by the purchaser or the purchasers solicitors".

Related topics

Acting for a Seller (England and Wales)
Acting for a Seller (Northern Ireland)