What are legal enquiries when buying a house in 2026?

 
Last Updated: 04/03/2026
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7 min read

Legal enquiries are the formal set of questions raised by a buyer's solicitor to the seller's legal representative to clarify specific details about a property’s title, physical condition, and legal standing. This critical stage of the conveyancing process occurs after searches are returned but before the exchange of contracts, serving as the final "due diligence" check to uncover hidden liabilities or title defects.

Because the principle of caveat emptor (buyer beware) applies to property transactions in England and Wales; these enquiries are your primary legal protection against inheriting costly issues—such as undocumented structural alterations or restrictive covenants—that could devalue your home or complicate a future sale.



What
Are
Legal
Enquiries?

By Andrew Boast, CEO of SAM Conveyancing


When is it time to raise enquiries?

After an offer has been accepted, the seller's conveyancer prepares and sends the draft contract pack to the buyer's conveyancer. At this stage in the house-buying process, the buyer and their solicitor raise conveyancing enquiries to determine the state and condition of the property and identify any issues that would affect the property transaction.

Property in the UK is sold under 'caveat emptor', Latin for 'buyer beware'; this means that the buyer is responsible for uncovering any nasty surprises before you exchange contracts.

The legal enquiries stage is the technical stage of the conveyancing process undertaken by the buyer's conveyancer. The solicitor reviews all of the following documents:

  • Estate agent particulars
  • Contract of sale
  • Property Information Forms including TA6, TA10 and (if leasehold) TA7
  • Sale memorandum
  • Title deeds
  • Title plan
  • Warranties and guarantees
  • (if leasehold) Lease
  • (if leasehold) Leasehold Management Pack

The seller's solicitor provides the buyer's solicitor with all the above documents (except the sales memo) in the draft contract pack.


The Most Common Examples of Property Enquiries in 2026

These are the 5 most raised legal enquiries in 2026 for a freehold and a leasehold property.

Freehold
Leasehold

Please correct the names of the buyers on the contract

The seller's solicitor drafts the contracts, and often the names of the buyers are incorrect.

Please provide the Leaseholder Certificate

Leaseholder protections under the Building Safety Act 2022 largely protect qualifying leaseholders from historical cladding and building safety remediation costs. Crucially, the Levelling-up and Regeneration Act 2023 now ensures these protections transfer to new owners and extended leases.

Please provide FENSA certificates

If the seller installed double-glazed windows or doors, then they should provide the FENSA certificate.

Please confirm the service charge accounts will be settled on completion

The buyer's solicitor wants to ensure that the service charges the seller is liable for are paid for by compleiton.



Questions to ask a solicitor when buying a house

We've compiled a list of the top legal enquiries solicitors raise, what they mean, and the solution. We even rate how hard the enquiry is to reply to. It's free to use, so click below and get searching!


A solicitor inspects documents included with the draft contract pack as part of the conveyancing enquiries process

What pre-contract enquiries do solicitors raise?

When raising enquiries with the seller, the buyer's solicitor's objective is to satisfy themselves that the property being purchased is both 'mortgageable' and 'sellable' on the open market (even if you aren't getting a mortgage).

Imagine buying a property and discovering it needs the relevant planning permission or building control sign-off. Now, you own a property you can't sell for what you bought it for. You need a solicitor to review all of the legal paperwork to spot issues such as this before it is too late to pull out or renegotiate.

Raising enquiries is like a 'Q&A' between the seller and the buyer. Some of the enquiries raised are from the solicitor, and others may be from you. The solicitor looks through the draft contract for legal issues (such as the ones listed above).

However, you may be interested to find out other non-legal enquiries such as; can the sellers make repairs to the property before you exchange?


Frequently Asked Questions
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OUTSTANDING
ENQUIRIES
AFTERENQ
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Andrew Boast of Sam Conveyancing
Written by:

Andrew started his career in 2000 working within conveyancing solicitor firms and grew hands-on knowledge of a wide variety of conveyancing challenges and solutions. After helping in excess of 50,000 clients in his career, he uses all this experience within his article writing for SAM, mainstream media and his self published book How to Buy a House Without Killing Anyone.

Caragh Bailey, Digital Marketing Manager
Reviewed by:

Caragh is an excellent writer and copy editor of books, news articles and editorials. She has written extensively for SAM for a variety of conveyancing, survey, property law and mortgage-related articles.


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