Searches & Enquiries in Real Estate Transactions - Undertaking Due Diligence

Introduction

The principle of caveat emptor means that the undertaking of investigations into any land and property that is being purchased is essential to learn as much about a property as possible. Partly to supplement the information that will be obtained from a seller, but also to check that information, get a better idea about what specific enquiries and searches should be made, and to better gauge what a seller may be withholding.

These investigations will also assist a purchaser into deciding whether they wish to proceed with the transaction or, if so, whether they believe they are paying too much for a property that is materially different from what they initially thought was the case.

This webinar will explain the reasons for undertaking due diligence, the investigations that should be routinely undertaken, and others that are more occasionally required. It also reflects on the relative merits of actual or virtual site inspection.

It concludes with an oversight on reporting the results to clients to assist them in forming a view and enable them to better understand the scope of a lawyer’s role in the due diligence process.

What You Will Learn

This webinar will cover the following:

• Why searches and enquiries are necessary, caveat emptor, contract clauses and standard commercial conditions of sale
• The duties of a seller
• Searches - which searches are a matter of routine and which additional searches are specific to a particular purchase
• Should sellers’ solicitors undertake searches prior to sale?
• Chancel repair searches - are they still needed?
• What searches do not reveal
• CPSEs - which to use, and avoiding liability for incorrect answers
• Are additional enquiries still required?
• Land Registry searches other than pre-completion search with priority
• Online services that can provide additional due diligence about the site
• Site inspection - boundaries, power and telecoms lines, encroachment. Responsibility against knowledge. Actual, google earth/maps and photographs
• Reporting to your client - defining scope of due diligence (i.e. legal matters) and excluding non-legal due diligence (planning, surveying, valuation, etc.)
• Residual Risk - known unknowns and unknown unknowns

This pre-recorded webinar will be available to view from Monday 13th October 2025

Alternatively, you can gain access to this webinar and 1,800+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.