What Are Replies To Requisitions On Title?
Posted on 20th May 2020
At MG Legal, we understand that there are many legal terms which may, simply, mean nothing to you. We know that, for our valued clients, the main thing on their mind is the big move, and when this can take place. Our Preston solicitors have, therefore, formed a trusty A-Z of common legal terms, which can be viewed, here. The truth is, these terms are, actually, of high importance to your conveyancing transaction.
This week, our Preston solicitors are discussing Replies to Requisitions on Title, including what they are, and why they are important.
What are Replies to Requisitions on Title?
Replies to Requisitions on Title are also, commonly, known as ‘replies to TA13’ and Completion and Undertakings Information.
As found with many Law Society documents, the forms are provided with their own number, such as the TA6 for the Property Information form, the TA10 for the fittings and Contents form and, similarly, the TA13 when discussing Replies to Requisitions on Title.
Form TA13 provides a vital set of information, essential to the conveyancing process, particularly when nearing Exchange and Completion.
What do they look like?
The Law Society have prescribed a standard format upon which the Replies to Requisitions on Title are to be provided. This is in order that such information can be provided in a common format, that is easily accessible and recognisable, in accordance with the Conveyancing Protocol. The Protocol can be viewed, here.
The main aims of the Conveyancing Protocol are to ensure that there is transparency and openness between the parties to the mater, and to provide conveyancers with guidance on the best methods of practice, throughout the process.
The standard form ‘TA13’ is, therefore, used in order to supply the Replies to the Requisitions on Title.
Does my solicitor provide replies to requisitions on title?
The Replies are provided by the solicitor acting on behalf of the seller. So, if one of MG Legal’s property solicitors is acting on your behalf, then we will provide them to the buyer’s solicitors. This is in order that the buyer’s solicitor is furnished with all relevant information that will aid Completion taking place, inclusive of where to send Completion funds, and where the keys will be left.
As the information is, predominately, to assist the buyer’s solicitor, the same are provided by the seller’s solicitor, prior to Exchange of Contracts. This is because, the buyer’s solicitor would not proceed to Exchange, making the transaction legally binding, without having sight of this form, containing vital information pertaining to Completion of the matter.
What do they include?
The Replies provide important information, that the buyer’s solicitor requires, before proceeding to Completion. Taking each section of the form in turn:
The form begins by noting the property address concerned, and the names of the parties to the transaction.
- Section 1 discusses vacant possession, and whether this will be given, upon Completion.
- The first part of this section assumes that vacant possession will be provided and, in such instances, asks for confirmation as to where the keys to the property will be left, in order that the buyer can obtain the same, upon Completion.
- The second part of this section would apply where vacant possession was not being provided, i.e. where the property is tenanted, for example. If this is the case, the form requires the seller’s solicitor to confirm that an authority to the tenant, to pay the rent to the buyer (as the new owner of the property), will be provided on Completion.
- Section 2 discusses the deeds and documents pertaining to the property.
- 2.1 relates to unregistered properties and asks for confirmation that, where the property is unregistered, the seller’s solicitor holds all of the title deeds. This is in order that, upon Completion, the buyer’s solicitor can attend to the first registration formalities of the property, without issue. For more on first registrations, and what they entail, see our Preston solicitors’ blog, here.
- 2.2 of the form asks the seller’s solicitor to list the deeds that will be provided upon Completion. This, in all cases, should include the Transfer Deed (TR1). See more on The TR1 and its importance, here. Additionally, the seller’s solicitor may then confirm that any other deeds in their possession will be handed over upon Completion.
- The responses to this point are now, more commonly, becoming less and less. This is because many property title deeds have now been dematerialised, with the same being electronically held at HM Land Registry.
- Section 3 discusses Completion, and the way in which this will take place.
- Whilst, for many, this may simply mean packing up and leaving, under the Law Society’s Code for Completion, there are a number of ways that Completion may take place. The form, firstly, asks your conveyancer to confirm whether the Code will be adopted, and, secondly, where Completion is to take place.
- Section 4 of the form relates to money, and where the Completion funds are to be sent to.
- This is where the seller’s solicitor provides the details of their client account, inclusive of the account name, account number and sort code.
- In addition, this is where the amount expected upon Completion is entered. Quite often, this is replied to with ‘as per the Contract’. This is in order to account for any amendments that may have been made to the Contract, such as the addition of any apportioned charges, or allowances that are being made.
- Section 5 discusses any mortgages and/or charges that may be secured over the property.
- Where the property is being sold, this will be subject to the seller redeeming all financial charges affecting the same, upon Completion. It is, therefore, at this section of the form at which the seller’s solicitor is required to list the charges that are to be removed.
- The form provides a specific warning in this regard, advising that responses to points 3.2 and 5.2 are to be treated as legal Undertakings.
- Undertakings are a form of legal promise which must be complied with. If the same are breached, the consequences can be extremely significant.
The buyer’s solicitor would, therefore be unlikely to proceed to Exchange without such Undertaking being given, confirming that the registered mortgages and/or charges will be redeemed upon Completion. This gives the buyer assurance that they will be purchasing the property free from such incumbrance.
As you can see, the Replies to Requisitions on Title provide a large amount of important information, that assist the buyer’s solicitor in proceeding to Completion.
So, you are buying or selling a property, get in touch with our Preston solicitors today, at firstname.lastname@example.org, who can guide you through the process with ease.
Alternatively, if you have any other conveyancing query, submit an online enquiry today, where our local solicitors will be on hand to assist you.
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