Do I need searches?

kjs31

I have finally found a house that I wish to buy and legals are just starting. A few months ago I was due to buy a property a few yards down the road and paid for searches on that property. The sale fell through for a variety of reasons. The searches were so generic they appear to apply to this property too so I’m thinking that I may as well not bother paying for new ones. The solicitor has agreed that I can do this as I’m a cash buyer but they have sent a lengthy letter advising me against not getting them. Is there any reason for me to be concerned?

I’m entirely comfortable with the references to flooding, contamination mine shafts, rail / road proposals etc. as the previous searches cover the whole of that area. The property has never been altered or extended (and I guess any enforcement action by the council would show on the planning portal anyway) so is there anything for me to be concerned about? Thanks. 

Extract from the letter received. 

This is because should you become aware of anything after you are committed to the purchase which would have been revealed by the relevant searches (such as financial charges or orders against the property registered by the Council, flooding or contamination issues, enforcement proceedings for breach of planning or other regulations, mine shafts, road or rail proposals etc) which might have affected your

decision to purchase or restricts your ability to sell the property in future, you will have no recourse to this firm as the decision not to do searches rests with you and is against our advice to you. Please remember that a future buyer from you may well choose to have searches done (or have no choice if they are having a mortgage). This could reveal an issue pre-dating your purchase which you are then left having to try to resolve.

Our ability to comprehensively and effectively investigate the title to the property on your behalf will be limited to the documentation and information provided by the Sellers. You should bear in mind that under

English property law, the principle is “buyer beware” - the responsibility rests with you as buyer to carry out appropriate investigations before purchasing, not for the seller to volunteer information which is readily available elsewhere such as that contained in search results or which would be revealed in a

survey. This is particularly important if you believe the property has been extended or altered since original construction.

If you are certain that you still do not want us to carry out any searches on your behalf, you need take no further action.

RHemmings

I paid out for new searches even though I had searches that were over three months old, from an auction pack because the property had been marketed by auction. It seemed the 'safe' route, but I'm not sure that it advantaged me any having the new searches done. Of course, in scenarios involving risk, it doesn't mean that it would have been a good decision to not repeat the searches back at the time given the information available then. 

user1977

In all the thousands of threads I've read on this forum, I can't recall any where there was a fundamental problem which was revealed by a search (or which would have been if a search had been obtained).

If you want a money-saving compromise, you can get search insurance, which will pay out if something terrible showed up, is cheaper, and is also instant rather than having to wait for actual search results.

Green_hopeful

Many years ago I did my own personal searches at the local authority offices. It was quite interesting but I was a relatively newly qualified lawyer and I was buying without a mortgage. 

FreeBear

kjs31 said: This is because should you become aware of anything after you are committed to the purchase which would have been revealed by the relevant searches (such as financial charges or orders against the property registered by the Council, flooding or contamination issues, enforcement proceedings for breach of planning or other regulations, mine shafts, road or rail proposals etc) which might have affected your

decision to purchase or restricts your ability to sell the property in future,

Bit in bold would be the one to give me any concern as this is specific to the property. Also any planning or building regulation enforcement notices that have been issued. But if no work has been done to the building, this is unlikely.

Grizebeck

Green_hopeful said:

Many years ago I did my own personal searches at the local authority offices. It was quite interesting but I was a relatively newly qualified lawyer and I was buying without a mortgage. 

Same ! I did my own last year definitely a bit interesting 

chanz4

solicitors have to cover their butts

kjs31

user1977 said:

If you want a money-saving compromise, you can get search insurance, which will pay out if something terrible showed up, is cheaper, and is also instant rather than having to wait for actual search results.

Thanks! I didn’t even know that this was a thing. I found a policy for £130 but then this one popped up at (apparently) £68 so could be a good compromise. 

https://www.propertysearchesdirect.co.uk/product-page/no-search-insurance-existing-residential

kjs31

Solicitor can provide one for £53 so I just need to decide whether to go for it. Seems worth it TBH as risk mitigation albeit low risk mitigation.