Seller Disclose or Buyer Beware Searches and Enquiries

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Course Overview

In one sense, the legal principle of ‘caveat emptor’ or ‘buyer beware’ has been steadily eroded as a result in the expansion in the number of pre-contract enquiries sellers are expected to answer on the sale or a residential property. However, there has also been a marked growth in the number of pre-contract searches undertaken on a purchase.

During this course experienced lecturer and property practitioner Stephen Desmond will consider whether the seller can escape liability for misrepresentation by including a disclaimer clause? Stephen will also encourage viewers to think about the question ‘if there is a latent title defect, whether the seller is obliged to disclose it to the buyer?’

In addition, Stephen will offer guidance on where the line is to be drawn between simply relying on the replies to the questions on the property information forms and raising additional enquiries.

What are the requirements?

Learning Outcomes

  • On completion of this course you will:

    • Be able to recognise whether a property subject to solar panel lease and the effect this will have on the mortgage ability of property
    • Have considered whether listed building or conservation area consents needed?
    • Be familiar with the issues surrounding the Green Deal properties, flooding and Japanese knotweed
    • Be aware of the issues surrounding private sewer transfer and building over an adopted sewer
    • Recognise the problems arising on enforcement notice, breach of condition notice or restricted PD rights,

What is the target audience?

  • Conveyancing practitioners

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About Instructor - Stephen Desmond

Stephen Desmond has been delivering training for over 15 years during which time he has delivered more than 1,800 CPD events to lawyers from a variety of backgrounds. Delegates at these events have included practitioners from a variety of size of firms, ranging from sole practitioners to City Solicitors. 

Stephen is a contributing editor to Butterworths Property Law Service, published by Lexis Nexis, writing on the complex law relating to long and short leases.  He writes for the Solicitors Group on the subject of commercial property. 
He has run a university-accredited distance-learning course for aspiring paralegals in the subject of residential conveyancing.

A former practicing Solicitor with several years post-qualification experience, Stephen has represented many business and private clients, including property investors and local authorities.

Course Curriculum

recorded webinar

  • Webinar
    01:02:47

Documentation

  • Notes
    22 Page
  • Slides
    15 Page

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