Question 1

Who pays?

Accepted Answer

Q: When a potential buyer requests information from the seller and require copies of documents, who pays please, the buyer or seller’s solicitor? We were always given to understand the buyer’s solicitor paid for whatever documents they wanted, indeed when we have had enquiries from the buyer it has always been they who pay us. We have a case of a person, who is selling, asking to look at copies of our documents, which we have provided, and then copying, unbeknown to ourselves, for their solicitor to forward to the buyer’s solicitor who asked the questions. Stuart Merrison of Bishop and Sewell replies: There are no hard and fast rules as to who pays for replies to landlord’s enquiries in respect of a possible sale of residential leasehold property. The obtaining of landlord replies though is part of an established conveyancing procedure. In general terms it is the seller who will raise those enquiries of the landlord. It is something of a convention that such costs are borne by the seller as part of the sale process. Landlord charges for provision of such replies do vary greatly. [Submitted March 2017]

Question 2

Who pays?

Accepted Answer

Q: When a potential buyer requests information from the seller and require copies of documents, who pays please, the buyer or seller’s solicitor? We were always given to understand the buyer’s solicitor paid for whatever documents they wanted, indeed when we have had enquiries from the buyer it has always been they who pay us. We have a case of a person, who is selling, asking to look at copies of our documents, which we have provided, and then copying, unbeknown to ourselves, for their solicitor to forward to the buyer’s solicitor who asked the questions. Stuart Merrison of Bishop and Sewell replies: There are no hard and fast rules as to who pays for replies to landlord’s enquiries in respect of a possible sale of residential leasehold property. The obtaining of landlord replies though is part of an established conveyancing procedure. In general terms it is the seller who will raise those enquiries of the landlord. It is something of a convention that such costs are borne by the seller as part of the sale process. Landlord charges for provision of such replies do vary greatly. [Submitted March 2017]

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