Sellers and landlords should take care when providing replies to enquiries and ensure full disclosure is made as the buyer is likely to place reliance on it.

The case of First Tower Trustees Limited -v- CDS (Superstores International) Limited (2017) highlighted that it would be unreasonable for a seller to seek to exclude responsibility and liability by including (on replies to pre-contract enquiries) a non-reliance clause in the contract or lease.

The Court of Appeal confirmed that a buyer should be able to rely on pre-contract enquiries in conveyancing transactions. If a non-reliance clause overrides replies given to those enquiries, then they would become worthless.

Sellers should be reminded to be frank in completing their paperwork and when replying to queries raised of them and to ensure that if during the transaction there are changes to replies previously given, should be disclosed to the buyer.

We Can Help

At MW, our mission is "To make quality legal services accessible to everyone", including Sellers and Landlords who are trying to sell their properties.

Our team of specialist Property Solicitors are on hand to help you with any conveyancing transaction advice you may need.  Don't delay call our team today on 0203 551 8500 or use our Contact Us form to tell us more about your requirement and arrange a callback.

 

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