Pre-contract searches & enquiries
Because caveat emptor applies, the buyer's solicitor must investigate the property through searches and pre-contract enquiries before the client is committed.
What "Pre-contract searches & enquiries" covers
- Carry out the local land charges search (LLC1) and enquiries of the local authority (CON29, with optional CON29O) covering planning, roads and notices.
- Make a drainage and water search (CON29DW) to confirm mains connection and the position of public sewers.
- Consider an environmental and contaminated land search, plus location-specific searches such as flood, mining or chancel repair.
- Raise pre-contract enquiries of the seller using the TA6 Property Information Form and TA10 Fittings and Contents Form.
- Under caveat emptor the seller need not disclose physical defects, but must disclose latent defects in title.
- Advise the client to obtain an appropriate survey; the solicitor does not advise on structural condition.
- Report search results and adverse entries to the client before exchange.
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For pre-contract searches & enquiries, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Relying on the seller's replies without carrying out independent searches.
- Omitting location-specific searches such as mining or flood risk.
- Confusing physical condition (a matter for a survey) with defects in title.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on pre-contract searches & enquiries.
FAQ
Is pre-contract searches & enquiries tested on SQE1?
Yes — pre-contract searches & enquiries is part of the SQE1 Property Practice syllabus (FLK2) and can appear in single best answer questions.
How is pre-contract searches & enquiries examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (caveat emptor, LLC1) helps.