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Proper Pre-Contract Enquiries
It has been brought to the attention of the Conveyancing Committee that, in an increasing number of cases, pre-contract enquiries such as or similar to the following are being raised as a matter of course by solicitors acting for purchasers: 'has the vendor disclosed all letters, notices, orders, or documents, or other matters relating to the property which might prejudice the purchaser?'
It is the view of the Committee that the above is an improper pre-contract enquiry as it effectively purports to negative the principle of caveat emptor as it applies to the Law Society's standard contract for sale.
