Replies to Requisitions on Title TA13 Form

15/04/2019
Replies to requisitions on title are replies given by your solicitor, when you are selling a property, to standard questions asked in Form TA13, also known as Completion Information and Undertakings (2nd edition), by your buyer's solicitor.


The form asks questions - known as requisitions on title - which are essential for your sale to complete, ranging from, for example, how are the keys going to be handed over to what documents are going to be passed across to what is the exact sum which has to be transferred.

Form TA13 is also notable because its questions involve imposing undertakings on the seller's solicitor.

What is an undertaking (regarding solicitors)? Why it is so important?

In the context of solicitors, an undertaking is a firm professional agreement to carry out some action faithfully and within required time frames.

Solicitors are empowered to carry out certain actions on occasion which require a high degree of ethical trust; this trust can encompass, among other things, that a solicitor faithfully transfers money from one party to another or keeps certain matters confidential or gives a true account about charges.

In conveyancing, completion is predominantly associated with relatively large sums of money being transferred, with solicitors acting as key points in the transferral. It's easy to understand not only that these sums must reach their correct destination (whether a property seller, a lender or HMRC) but also that this must be done within strict time frames.

The flip side, therefore, is that a solicitor agreeing to give undertakings, such as is requested within Form TA13, must carry out what these undertakings involve. Failure to do so can result in the Solicitors Regulation Authority (SRA) carrying out disciplinary action which ultimately might see that solicitor being professionally struck off and no longer allowed to practise.

This article therefore examines these replies which your solicitor gives to Form TA13 when you're selling a property and gives the background to the form itself and at what point in the conveyancing process it belongs to. It also explains what Lawyer Checker is (click to find out more), how it fits in and what its importance is. It looks at:


Trust your Conveyancing to the Safest of Hands

With increasing reports of conveyancing scams, you'll want to know that your conveyancing is in the safest of hands.

Our expert property solicitors pay the greatest attention to all aspects of your conveyancing. This includes using Lawyer Checker to verify the other side's solicitor's bona fides if they haven't dealt with them before.

* Fixed Fee – No Sale No Fee – On all Mortgage Lender Panels - Lawyer Checker used when required

    1

    When does your buyer's solicitor send your solicitor the Form TA13?

The buyer's solicitor sends the Requisitions on Title Form TA13 across to the seller's solicitor at the raising enquiries stage.

The seller's solicitor sends their replies to requisitions before exchange of contracts

This is the point when our property lawyers, when acting for a buyer, would carry out a Lawyer Checker search on any solicitor on the selling side if they haven't had dealings with that particular solicitor firm before.

They do this to check out the bona fides of that solicitor firm to eliminate any chance that the firm you're sending money to is fraudulent or even has no established track record of receiving conveyancing monies into its client account. 


Fixed Fee, No Sale No Fee with a 5 out of 5 rating

I agree to the Terms of Service and Privacy Policy
 
    2

    What are the questions on the Requisitions on Title Form TA13?

It's worth noting the warning which appears just after the form's title and before asking any questions or even for details of the property's address and of the seller and buyer.

This warning reads:

"Replies to Requisitions 3.2 and 5.2 are treated as a solicitor's undertaking"

which indicates in advance what the most important questions on the form and more importantly gives notice that if the solicitor does not comply with these actions and in a timely fashion, this can be regarded as professional misconduct leading to disciplinary action by the Solicitors Regulation Authority (SRA).

    1
    Vacant possession
This question is split into two.

The first part, which assumes vacant possession of whole or part is given on completion, asks what arrangements there will be to hand over the keys.

The second part, which assumes vacant possession is not being given, asks for confirmation that an authority to the tenant to pay the rent to the buyer will be handed over or be included with the documents to be remitted to the buyer's solicitors on completion.

    2
    Deeds and Documents
The first part asks the seller's solicitor whether they hold all of the title deeds or not and to give details if not.

The second asks the solicitor confirm that they've enclosed a list of all relevant deeds and documents to be handed over/remitted to the buyer's solicitor on completion.

    3
    Completion
The first part asks if completion will take place at the seller's solicitor's offices or not and if not, where it will take place.

Before the second part is a repeated warning of the seriousness of the matter to come, being an undertaking and asks that, in the event of the buyer wishing to complete through the post, the seller's solicitor confirms to undertake to adopt the Law Society's Code for Completion by Post and additionally that the mortgage and charges listed in reply to question 5.1 (see below) are those specified for the purpose of paragraph 6 of the code.

    4
    Money
The first part of the question asks the solicitor to state the exact amount payable on completion and, if it is not just the balance purchase money, to provide copy receipts for any rent or service charge or other payments being apportioned. (Possible answers are 'Enclosed' or 'Not applicable').

The second part asks for details of:
  • the solicitor's bank name;
  • the solicitor's bank address;
  • the related branch sort code;
  • the client account name; and
  • the client account number.
    5
    Mortgages and charges
The first part asks for a list of the mortgages or charges secured on the property which they agree to redeem or discharge to the extent that they relate to the property on or before completion (including repayment of any discount under the Housing Acts).

The second part is prefaced, as before, with a warning that the answer to the question is treated as an undertaking. It asks if the solicitor is prepared to undertake to redeem or discharge the mortgage and charges listed in reply to the first part of the question on completion and send Form DS1, DS3, the receipted charge(s) or confirmation that notice of release or discharge in electronic form has been given to the Land Registry as soon as they've been received to the buyer's solicitor.

The third part refers back to the matter of the Law Society's code for Completion by Post and asks to confirm that the solicitor is the duly authorised agent of the proprietor of every mortgage or charge on the property which they have undertaken, in reply to the second part, to redeem or discharge.

The form concludes with spaces for both sides of solicitors to sign and date, prefaced with another warning that they should only be signed by people with authority to give undertakings on behalf of their respective solicitor firms.


    3

    What replies to requisitions on title does your solicitor give?

Most conveyancing firms have a standard response: these are set out below (although not on a standard Law Society form). Also there are certain details individual to a particular conveyancing matter – they need to be amended as appropriate.

    1
    Vacant possession
1. 1 (a) and (b) Otherwise than may be apparent from correspondence we suggest that the buyers liaise direct with the sellers. Where applicable we will authorise the release of the keys upon receipt of all monies due under the contract.

[This question might also be answered 'Via the Estate Agents' and the second sub-part with 'As per the contract' which means the property will be vacated by the completion time stated in the contract].

1. 2 Where applicable this will be provided.
[This question might also be answered 'N/A' or 'Confirmed'].

    2
    Deeds and Documents
2. 1 Please either refer to the Epitome in the case of unregistered title or in the case of registered title, unless otherwise advised in correspondence or if the Register indicates that the certificate is retained at the Land Registry under section 63 LRA 1925, the title certificate relating to the charge(s) referred to in the reply to 6. 1 will be handed over upon completion, or an undertaking to forward it/them when received from the relevant mortgagees or their separate solicitors when held by them.

2. 2 A schedule of deeds and documents will be provided on completion.

[Another standard response is often 'All in our possession'. At a minimum, this will state that a transfer deed will be handed over.]

2. 3 Where applicable a deposit number will be given in correspondence.

    3
    Completion
3. 1 Yes, unless otherwise notified in correspondence.

3. 2 We are happy to adopt the current Law Society’s Code for Completion by post, and the mortgages and charges (if any) listed in reply to 6. 1 are those specified for the purpose of paragraph 3 of the Code, provided that, for the avoidance of doubt, despatch by post or DX of the title deeds is sufficient discharge of our obligation as to the delivery of the deeds and further that any agency obligations are subject to receipt of all monies due under the contract save as provided for in standard condition 6. 3. 5.

    4
    Money
4.1 Balance as per contract.

[This is the answer if it is the amount stated in the contract. If it is not, then either the exact amount (including for example apportionments of ground rent and/or service charge to pay] is stated or the answer can be 'As per the attached completion statement' (with the completion statement attached).]

4.2 [Seller's solicitor's bank details are added here].

    5
    Mortgages and charges
[IMPORTANT: A reply to this requisition is treated as an undertaking as discussed previously, therefore the seller's solicitor must take great care must be taken when answering this requisition.]

5. 1 We are currently awaiting redemption figures and will revert to you in due course.

5. 2 In consideration of receipt of all monies due under the contract we undertake to forward the monies notified to us prior to completion by any mortgagee listed above to the mortgagee(s) and to forward the Form(s) DS1/receipted charges/copy notice of confirmation that an END1 has been sent to HMLR to you forthwith upon receipt.

[Sometimes, the words here will refer to 'the usual form of undertaking, which will be in the Law Society's recommended form, which will be given on completion in respect of the Charge dated [x] in favour of [y]' or similar.]


    4

    Why is Lawyer Checker sometimes used after replies to requisitions on title have been received?

Given the increasing number of conveyancing scams occurring (click to find out how you can protect yourself generally against cyber crime), which cost private individuals and solicitors in the industry many millions every year, solicitors who truly care about their clients - and their reputations - should take special care regarding client funds.

Therefore, given that a residential buyer will normally have to transfer hundreds of £1,000s across to a seller to buy their intended property - and very often this involves borrowing most of this finance from a lender - our solicitors are always cautious when dealing with a solicitor they haven't dealt with before.

The replies to requisitions on title should clearly state the seller's solicitor's firm's bank account details and it is these which are put through Lawyer Checker (click to find out more), which confirms whether the solicitor firm is who they say they are, or if there is any doubt, in which case further checks will be applied and the transaction halted if necessary alongside notifying the Police.

Trust your Conveyancing to the Safest of Hands

With increasing reports of conveyancing scams, you'll want to know that your conveyancing is in safest of hands.

Our expert property solicitors pay the greatest attention to all aspects of your conveyancing. This includes using Lawyer Checker to verify the other side's solicitor's bona fides if they haven't dealt with them before.

* Fixed Fee – No Sale No Fee – On all Mortgage Lender Panels - Lawyer Checker used when required

Related News Articles

 
Exchanging Contracts
03/03/2019
What are legal enquiries
31/01/2019
What happens on completion day?
02/05/2018
What is Lawyer Checker?
02/03/2018
new-conveyancing-process.png

FREE Online Conveyancing Process for Buyers

Includes online checklists, videos, downloads and tips - plus it is free to use and remembers your progress.