Q&As

To what extent can a buyer rely on searches provided by the seller in a commercial property sale?

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Produced in partnership with Paul Cole of Clyde & Co LLP and Carl Fain of Tanfield Chambers
Published on: 11 November 2020
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Assumptions/limitations

Generally, the question of whether a buyer can rely on searches procured by the seller will depend on the terms and conditions of the search itself and also of the search provider. It is assumed for the purposes of this enquiry that there is no term in the contract for sale that excludes the buyer’s right to rely on such searches.

Date of searches

Firstly, while something of an obvious point, the buyer should check the date of the searches to establish how recent they are and whether they should be refreshed prior to exchange or Completion. As a general rule of thumb, buyers should not rely on search results which are more than three months old, although the decision whether or not to refresh the search results will depend on a number of factors including the type of search that

Paul Cole
Paul Cole

Senior Associate, Clyde & Co LLP


Paul is a senior associate in the real estate department at Clyde and Co. He joined the firm in 2020 having spent a number of years working at a top tier UK real estate law firm, as well as spending time working overseas in Singapore in the real estate team of one of the Big Four accountancy firms.

Carl Fain
Carl Fain chambers

Property and chancery practice with a focus on landlord and tenant. Work includes all aspects of commercial and residential landlord and tenant including dilapidations claims, business tenancy renewals, enfranchisement, rights of first refusal, RTM, appointment of managers and service charge disputes.

Real property disputes including mortgage related claims and in particular LPA receivers, property related professional negligence, co-ownership, easements, nuisance, restrictive covenants, boundary disputes and Party Wall Act matters.

As well as appearing frequently in the County Court and the High Court, Carl has represented clients in the First-Tier Tribunal (Property Chamber), the Upper Tribunal (Lands Chamber) and the Court of Appeal.

"Very bright, gets on well with clients and is a terrier in court" and "he's extremely knowledgeable, doesn't balk at any points and is ready with the answers." Chambers UK Bar Guide 2018 (Real Estate Litigation)

"A hidden treasure; he is very bright, good in court and with clients, and always goes the long mile without being asked."

Legal 500 2017 (Property Litigation)

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Jurisdiction(s):
United Kingdom
Key definition:
Completion definition
What does Completion mean?

means completion of this agreement in accordance with clause[s] [insert number of the clause(s) dealing with completion of the agreement];

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