Approving draft contract: Who bears responsibility to uncover defects pre-contract?

• A. Seller
• B. Buyer
• C. Local Authority
• D. Mortgage Lender

Answer: (B)

In the pre-contract stage the buyer’s solicitor leads the due diligence. The person approving the draft contract must uncover any defects, risks, or onerous terms that could affect the buyer’s decision to proceed. Although the seller has a duty to disclose known defects and provide accurate information, it is the buyer who carries the responsibility for identifying issues through the contract review, title checks, replies to enquiries, and any necessary surveys or searches. The local authority and the mortgage lender are not responsible for uncovering defects in the property itself; their roles relate to planning/consents and financing, not pre-contract due diligence. So the buyer bears the responsibility to uncover defects before agreeing to the contract, and their solicitor must ensure the draft contract adequately protects their client.