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The Survey
Once your purchaser’s solicitor is in receipt of the contract, they will raise pre-contract enquiries and your solicitor will need to respond. It is important to understand why the buyer’s solicitors raise enquiries. They have the responsibility of ensuring that their clients are buying a property with no undiscovered issues; the solicitor must also satisfy the lender’s requirements with a rigorous due diligence process. Your solicitor may consult with you or us to establish appropriate answers to enquiries raised and clarify responses. It is important that you do not try and respond to questions where you are not sure of the answer. You should be guided by your solicitor as to your obligations to answer certain questions. You may be required to answer questions on whether the property has ever suffered from flooding, possible structural defects or drainage issues. There may be detailed enquiries about the heating or electrical systems. Solicitors will often enquire about boundaries, rights of way or covenants and restrictions, and also adherence to regulation, certification and planning consents. There may be questions about the provision of utilities and easements.
Whilst this may seem daunting, we are always on hand to help and guide you through the process. Where there are issues that cannot easily be dealt with within the proposed timescale, your solicitor may advise you on the provision of an indemnity insurance policy which may offer an appropriate cost-effective solution to certain issues.
Running in parallel with the legal process, most property sales involve a survey. There are four main types of survey and it is useful to understand what type of survey your buyer intends to carry out.
• A mortgage valuation – a simple valuation inspection carried out by a surveyor appointed by the purchaser’s lender. Its simple aim is to establish if the property offers sufficient security for the loan. • A condition report – often commissioned alongside a valuation, the surveyor will provide a summary of potential issues that may need further investigation. • A homebuyer’s report – this can be provided with or without valuation advice and highlights problems that the property may face. It is a visual and nonintrusive survey that will likely recommend further investigation. • A structural or building survey – an extensive investigative survey that will seek to highlight any problem that may be affecting the property. This is a significant investment but may prove invaluable.