Jurisdiction(s):
United Kingdom

Key definition

Law definition

What does Law mean? In legal practice, Law describes the body of binding rules governing parties’ rights and obligations in the relevant jurisdiction(s). It is not a single statutory or case-law definition; in contracts it is a descriptive catch‑all used to capture all sources of applicable law. Law includes: (a) any primary or secondary legislation (including regulations, statutory instruments and byelaws) in force from time to time that applies to a party or to the place the Services are provided; (b) the common law and, where applicable, equity; (c) any binding court order, judgment or decree; (d) any applicable industry code,

Residential conveyancing pre-contract enquiries in England and Wales: duties of disclosure, standard and additional enquiries, reliance and misrepresentation, and DMCCA 2024 consumer protection considerations

Published by a LexisNexis Property expert

Practice notes

This Practice Note examines enquiries before contract—also referred to as pre-contract enquiries, preliminary enquiries or standard enquiries—within residential conveyancing transactions. It proceeds on the basis that the parties have adopted the Law Society Conveyancing Protocol (2019) (the Protocol) and that the buyer’s conveyancer is additionally acting for a lender in line with the UK Finance Mortgage Lenders’ Handbook (the UKFML Handbook) or the Building Societies Association Mortgage Instructions (the BSA Instructions). See Practice Notes: The Law Society’s Conveyancing Protocol and Lenders' instructions—the UK Finance Mortgage Lenders' Handbook and the Building Societies Association Mortgage Instructions.

Why raise enquiries?

At common law, the guiding doctrine is ‘caveat emptor’—‘let the buyer beware’—so a seller has only a limited duty to disclose information about the property.

It is principally for the buyer to ensure they understand what they are purchasing, including the nature of the property and any rights or liabilities that may attach to it.

Accordingly, a buyer’s conveyancer raises enquiries before contract to secure information about the property over and above what is otherwise available...

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Russell Hewitson

Northumbria University

Russell Hewitson is a solicitor and associate professor of law at Northumbria University. He is Law Society Council member for commercial property and a member of the Law Society’s Conveyancing and Land Law Committee. Russell is the Consultant Editor of Halsbury’s Laws of England Volume 23 - Conveyancing. He is general editor of Precedents for the Conveyancer, Practical Lease Precedents, and Practical Conveyancing Precedents, consultant editor of the Law Society’s Conveyancing Handbook and has written a number of other books including Conveyancing Searches and Enquiries, Licensing Law Handbook, Residential Conveyancing Practice and Business Tenancies. He is also the Practice and Precedents Editor of The Conveyancer and Property Lawyer. ...

Web page updated on 21/05/2026

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