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Pre-Contract Searches and Enquiries in Real Estate Transactions

The University Low REAL ESTATE (KNOWLEDGE) Unit 4 Guide Searches and Enquiries Context In Unit Workshop 4, you will consider what pre-contract searches and enquiries you need to do on behalf of a buyer client. In practice, it is important that solicitors are able to identify which searches and enquiries are appropriate given the nature and location of the property. If an appropriate search is not carried out and important information about the property is missed, the solicitor could be held liable in negligence. You will also analyse the results of some of the more important pre-contract searches and enquiries for Kenulf House and consider what advice you need to give to your client. Remember that the principle of "caveat emptor" means "buyer beware", so the buyer must satisfy itself about any problems with the property before exchanging contracts to purchase the property. Outcomes By the end of this Unit you should be able to: 1. Explain the range and purpose of pre-contract searches and enquiries commonly undertaken when acquiring property on behalf of a buyer client. 2. Identify which searches and enquiries are appropriate for different types of property. 3. Analyse the replies and results of pre-contract searches and enquiries and identify issues that need further investigation. 4. Advise on the action to be taken in response to the replies and results of the searches and enquiries you have undertaken. Unit Workshop Tasks In this Unit you will analyse the results of the pre-contract searches and the replies to your enquiries and provide advice to the client on any matters arising from them. 87709def305e38b7422b743e0cf6152b.docx 501 @ The University of Law Limited The University of Law Preparation To prepare for this Unit Workshop you should: 1. Read chapters 7, 17 and paragraphs 42.2.4 and 42.2.5 of chapter 42 of the Property Law and Practice textbook. 2. Complete Test & Feedback - Unit Workshop 4 (Preparation). 3. Complete the Preparatory Task. Materials required for the Unit Workshop 1. The Guides for and notes you made in Unit Workshops 1 and 2. 2. Your answer to the Preparatory Task. 3. The Property Law and Practice textbook. 4. This Guide. Consolidation after Unit Workshop It is important that you consolidate your learning after the Workshop. In particular you should: 1. Review your answers to the Unit Workshop Task and make sure you know where the information is contained within the search results 2. Complete Test & Feedback - Unit Workshop 4 (Consolidation). 3. View the Real Estate Recorded Lecture "Preparation for Mock Examination" before attempting the mock examination. @ The University of Law Limited 502 87709def305e38b7422b743e0cf6152b.docx The University, Low PREPARATORY TASK You are a trainee solicitor at Gibson & Weldon LLP ("G&W"). You are currently sitting in the Real Estate Department and your supervising solicitor is Teresa McKillop. Teresa has asked you to assist her in acting for Arcadian Investments Limited ("Arcadian") on their purchase of Kenulf House, 34-38 Fletton Street, Peterborough PE1 3LR ("Kenulf House") from Winter Estates Limited ("Winter"). As part