For any conveyance, whether the first or the fortieth, and regardless of Form 2 Seller Disclosure, it is fundamental to undertake searches. This is because contracts are often signed before issues which may affect the property have been investigated.

When is it best to undertake searches?

If circumstances permit, before a contract is signed. This will ensure, especially where a defect or issues is discovered these are factored into the price or your decision to even proceed. Where a contract has been signed, then as soon as practicable and prior to any conditions or rights expire.

What searches should be obtained?

Although some search results enable termination (or compensation) others simply inform as to the condition of the property (or what restrictions it may be subject to). The type of searches one should therefore undertake should be based on what issues regarding the property are of particular concern or importance. For retained clients, we provide a list of potential searches which we recommend. 

Why undertake searches?

Not all searches are equal, and not all searches are conducted with the aim to terminate or seek compensation. Some searches are conducted to simply understand what conditions, uses, or restrictions apply. Other searches are conducted for settlement adjustment purposes and to ensure any property-based liabilities are dealt with prior to completion.

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