Home Reports

Liability for information contained in Property Questionnaire

Solicitors should make clear to selling clients that when completing such questionnaires the responsibility for the accuracy and truthfulness of the answers rests with the client.

Solicitors do not have an obligation to check the information contained in the property questionnaire and may accept the statements therein at face value except in circumstances where they are personally aware that the statement is untrue.

In the interests of risk management solicitors should not sign questionnaires on behalf of clients.

Withdrawn from the market

A property is not "sold" until missives are concluded. A property marked "under offer" is still technically available for sale (admittedly subject to a change of agent in terms of the Gazumping, Gazundering and Closing Dates Guidance).

Accordingly for the purposes of Regulation 6(2)(b) property marked "under offer" should not be deemed "sold" and it should not be deemed "withdrawn from the market" until missives are concluded.

On this basis where a property is marked "under offer" and negotiations fall through the existing Home Report could still be used in terms of Regulation 6(2)(b).

Annexation of the Home Report to offers

While it is a matter for individual solicitors and their clients, it is not recommended that Home Reports are annexed to offers.

Last reviewed: 20 July 2022