Report on title (pre contract searches)

Caveat emptor in conveyancing

“Buyer beware” – once contracts are exchanged, the buyer generally cannot object to issues not discovered earlier

What is a Report on Title?

A report in which the buyer’s solicitor explains the results of their title investigation, searches, and enquiries in plain English to the client.

When is a report on title prepared?

Before exchange of contracts.

What 3 things does a Report on Title identify?

• Material facts about the property

• Issues and their implications

• Possible solution

What is the purpose of a Report on Title?

To summarise findings in clear language, so the client understands the risks and facts before exchange.

Typical contents of a Report on Title?

• Interpretation

• Scope of review & limitation of liability

• Executive summary

• Purchase price & contract terms

• The Property

• Matters benefiting the property

• Matters burdening the property

• Search results

• Replies to enquiries

• Planning & building regs

• Insurance

• SDLT

• Conclusion

Who is the Report on Title addressed to?

the client— and it is generally confidential to them 

What should the Report on Title say about scope?

That it is based on review of title docs, searches, and replies to enquiries; it does not cover valuation or physical condition.

Give examples of liability limitations in a Report on Title.

• No opinion on commerciality of transaction

• Cannot advise on property’s value

• Solicitor has not inspected the property, so cannot comment on physical condition (recommend survey instead)

Which CCS principle requires solicitors to inform clients of all material information?

CCS 6.4

Which CCS principle requires solicitors to give info in a way clients can understand?

CCS 8.6

Why is the Report on Title important for the solicitor?

Helps comply with CCS 6.4 & 8.6 and protects against professional negligence claims.

When should a client proceed to exchange of contracts?

Only after reading the Report on Title and fully understanding the property they are buying.