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The CLC has been asked whether a conveyancer acting for a buyer can accept a local search bought by the seller.
At the moment, when the market is busy and the delivery of local searches can be delayed, accepting a seller’s searches could help to keep transactions moving.
The CLC’s view
Given the potential benefits to the buyer, conveyancers should consider whether they can accept a local search bought by the seller, but they will need to satisfy themselves on the following points.
The buyer’s conveyancer will need to consider the type of local search provided by the seller and that it is within the timescale required by their lender.
If the search is produced by the Local Authority then the protections for the buyer and their lender will be the same as if they had ordered the search themselves as they will be relying on the same data which is public data and carries an indemnity if it is incorrect.
If the search is produced by a personal search provider then the buyer’s conveyancer will need to check:
and
If the Local Search satisfies all these requirements, then it may not be in the buyer’s best interest to order a search which should provide exactly the same data and could cause delay.
For more information on search standards, see CIE and COPSO.