Until now, the general approach has been that a company cannot claim privilege against its own...
It is not advised to exchange contracts on a property without doing the necessary property searches. Although the cost of searches can be expensive, it will be more costly to purchase a property that is defective.
Once you have exchanged contracts on a property, you will be bound to follow through with the purchase regardless of whether defects are subsequently discovered. Therefore your solicitor should do all necessary searches before this point.
The onus is on the buyer to undertake searches and make enquiries to discover any defects in the property. The seller is not under an obligation to make the buyer aware of defects.
If you wanted to exchange contracts on a property without the searches being undertaken, your solicitor will likely ask you to sign a disclaimer form that this is strongly against their advice due to the associated risks involved.
In general terms, the more informed you are about the property you are purchasing, the better. This will avoid unexpected issues arising in the property at a later date, against which you are unlikely to be insured.
If you would like any further information or advice in relation to buying or selling a property, please contact us on 01384 410 410 or send an email to residentialconveyancing@georgegreen.co.uk. You can also get a free quote by using our conveyancing quote tool on our website.