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Understanding Enquiries

Understanding Enquiries

Introduction

Buying or selling a property involves a lot of moving parts, one of which is dealing with enquiries during the conveyancing process.

For many people, the term "enquiries" can feel a little abstract. This guide breaks it down, explaining what enquiries are, why they matter and what you can expect from this crucial stage of the property transaction process.

Understanding enquiries can help both buyers and sellers prepare properly and avoid unnecessary delays as the transaction progresses.

What Are Enquiries?

Enquiries refer to the questions raised by the buyer's solicitor to the seller's solicitor during the property transaction process.

These questions are designed to gather important information about the property, ensure there are no hidden issues and clarify any uncertainties before moving towards exchange and completion.

Essentially, enquiries are the fact-finding stage of the conveyancing process. They help buyers make informed decisions and protect their purchase before becoming legally committed to the transaction.

The Purpose of Enquiries

The primary purpose of enquiries is to address concerns, inconsistencies or uncertainties that could affect the buyer's decision to proceed.

Enquiries are designed to:

Highlight Risks

Identify potential legal, structural or financial issues affecting the property.

Clarify Ambiguities

Resolve missing information, inconsistencies or concerns identified within contracts and supporting documentation.

Protect the Buyer

Ensure the buyer fully understands the property, its condition and any legal obligations before proceeding.

The enquiries process creates greater transparency and confidence for both parties before contracts are exchanged.

What Do Enquiries Cover?

Enquiries can cover a wide range of topics depending on the property and circumstances of the transaction.

Some of the most common areas include:

Property Boundaries

Questions may be raised regarding:

  • Boundary positions

  • Boundary disputes

  • Title plan accuracy

  • Neighbouring land issues

Planning Permissions

The buyer's solicitor may request information relating to:

  • Property extensions

  • Structural alterations

  • Planning permissions

  • Building regulations approval

This helps confirm that any works carried out have the necessary approvals.

Leasehold Information

For leasehold properties, enquiries often include:

  • Service charges

  • Ground rent

  • Lease length

  • Restrictions contained within the lease

  • Management company information

Utilities and Services

Solicitors may seek confirmation regarding:

  • Water supply

  • Electricity supply

  • Gas connections

  • Drainage arrangements

Fixtures and Fittings

Questions may be raised about whether specific items are included within the sale, such as:

  • Curtains

  • Carpets

  • White goods

  • Appliances

  • Garden items

Repairs and Damage

The buyer's solicitor may ask about:

  • Structural issues

  • Damp problems

  • Subsidence

  • Major repairs

  • Insurance claims

  • Previous defects

Legal Obligations

Enquiries may investigate:

  • Rights of way

  • Shared access arrangements

  • Easements

  • Covenants

  • Other legal obligations affecting the property

These enquiries help ensure any risks or concerns are identified before the buyer becomes legally committed to the purchase.

Who Does What During the Enquiries Process?

Several parties play a role in resolving enquiries.

Buyer's Solicitor

The buyer's solicitor is responsible for:

  • Reviewing contracts and legal documents

  • Reviewing search results

  • Identifying concerns or missing information

  • Raising enquiries with the seller's solicitor

Their role is to protect the buyer's interests throughout the transaction.

Seller's Solicitor

The seller's solicitor is responsible for:

  • Receiving enquiries

  • Gathering responses

  • Providing supporting documentation

  • Sending responses back to the buyer's solicitor

In many cases, the seller's solicitor will need to obtain information directly from the seller.

Buyer

The buyer may:

  • Discuss concerns with their solicitor

  • Clarify information provided

  • Decide whether responses are satisfactory

Seller

The seller may need to:

  • Answer questions about the property

  • Provide documentation

  • Supply guarantees or certificates

  • Locate planning approvals and other records

Prompt responses from sellers often help avoid delays.

How Long Does the Enquiries Process Take?

The time required depends on:

  • The complexity of the property

  • The quality of documentation available

  • How quickly responses are provided

  • Whether additional investigations are required

In most transactions, the enquiries stage takes between one and four weeks.

However, delays can occur where:

  • Legal concerns require investigation

  • Structural issues are identified

  • Documents cannot be located

  • Communication is slow between parties

Every transaction is different, so timescales can vary considerably.

Common Pitfalls During the Enquiries Process

Although enquiries are essential, they can sometimes create delays and frustrations.

Incomplete Responses

If sellers provide incomplete answers, solicitors may need to ask additional questions.

This often leads to unnecessary back-and-forth communication.

Miscommunication

Poor communication between parties can create confusion and delay progress.

Clear and timely communication helps keep the transaction moving forward.

Missing Documentation

A common issue occurs when sellers cannot locate:

  • Building certificates

  • Planning approvals

  • Guarantees

  • Warranty documents

Missing paperwork often results in additional enquiries and delays.

Overly Detailed Enquiries

Occasionally, buyers' solicitors may raise highly detailed or extensive enquiries.

While many concerns may be legitimate, dealing with large numbers of enquiries can slow progress.

Unexpected Red Flags

Enquiries sometimes uncover previously unknown issues, such as:

  • Boundary disputes

  • Unauthorised extensions

  • Legal restrictions

  • Property defects

Additional investigations may then be required before the transaction can proceed.

Be Prepared For Delays

Increasingly, many solicitors wait until local authority searches have been returned before raising enquiries.

This can create delays because enquiries are often submitted later than they could have been.

Where possible, it is generally beneficial for initial enquiries to be raised early, with any additional enquiries submitted after search results are received.

Unfortunately, the timing of enquiries ultimately rests with the solicitors involved.

At Sheldon Bosley Knight, we encourage enquiries to be raised at the appropriate time to help minimise unnecessary last-minute stress and delays.

Actions to Complete

Homeowner

  • Receive enquiries from your solicitor.

  • Answer enquiries.

  • Return responses to your solicitor.

Homeowner's Solicitor

  • Receive enquiries from the buyer's solicitor.

  • Send enquiries to the homeowner.

  • Receive the homeowner's responses.

  • Return responses to the buyer's solicitor.

Buyer's Solicitor

  • Raise enquiries.

  • Receive responses from the homeowner's solicitor.

  • Resolve outstanding enquiries.

Update Milestones

Once enquiries have been resolved:

  • Mark the milestone as complete within your portal.

  • Notify everyone involved in the transaction.

  • Tick the milestone off your checklist.

Keeping milestones updated helps ensure everyone involved remains informed throughout the conveyancing process.

Final Message From The Team

Enquiries are an integral part of the conveyancing process and play an important role in ensuring buyers have complete confidence in their purchase.

While this stage can take time and occasionally uncover challenges, it ultimately helps protect everyone involved in the transaction.

If you are buying or selling a property, working with an experienced conveyancing solicitor will help ensure enquiries are handled efficiently and effectively. They can guide you through the legal process, answer questions clearly and help keep your transaction progressing towards completion.

Understanding the role of enquiries can make this stage of the buying and selling process far less daunting and much easier to manage.

If you have concerns or require professional advice, always consult your solicitor.

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Disclaimer:

The information in this guide is provided for general information purposes only and does not constitute legal, financial, mortgage, tax, or professional advice.

While we aim to keep the information accurate and up to date, Sheldon Bosley Knight Limited makes no guarantees or warranties regarding its accuracy or completeness.

You should always seek advice from a qualified solicitor, financial adviser, mortgage broker, accountant, or other relevant professional before making any decisions based on this information.

Sheldon Bosley Knight Limited accepts no liability for any loss or damage arising from reliance on this guide.