Replies to Requisitions on Title - Form TA13
Replies to requisitions on title are responses provided by your solicitor when you are selling a property, to standard questions asked in Form TA13, by your prospective buyer's solicitor.
Form TA13 is noteworthy because its questions involve imposing undertakings on the seller's solicitor.
The form asks questions - known as requisitions on title - for detailed information essential for your sale to complete. They could be: "How are the keys going to be handed over?", to "What documents are going to be passed across?", to "What is the exact sum which has to be transferred?"
When does your buyer's solicitor send your solicitor the Form TA13?
The buyer's solicitor sends the Requisitions on Title Form TA13 across to the seller's solicitor at the raising enquiries stage.
The seller's solicitor sends their replies to requisitions before the exchange of contracts.
When our solicitors act for a buyer, they carry out a Lawyer Checker search on the selling side's solicitor if they haven't dealt with that firm before.
They do this to eliminate any chance of sending money to a fraudulent firm or one that has no established track record of receiving conveyancing monies into its client account.
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What are the questions on the Requisitions on Title Form TA13?
It's important to note the warning that appears just after the form's title and before any questions or requests for property details, including the address of the seller and buyer.
This warning reads:
"Replies to Requisitions 3.2 and 5.2 are treated as a solicitor's undertaking"
This provides an advance notice of the most important questions on the form. Importantly, it also serves as notice that failure to comply with these actions promptly may be considered professional misconduct, which can result in disciplinary action by the Solicitors Regulation Authority (SRA).
- 1
Vacant Possession
This question is split into two.
The first part, which assumes vacant possession is given on completion, asks what arrangements there will be to hand over the keys.
The second part assumes the property will not be vacant. It requests confirmation that the landlord will provide authorisation for the tenant to pay rent to the new buyer and that this authorisation will be included with the documents to be sent to the buyer's solicitors upon completion.
- 2
Deeds and Documents
The first part asks the seller's solicitor whether they hold all of the title deeds or not and to give details if not.
The second asks the solicitor to confirm that they've enclosed a list of all relevant deeds and documents to be handed over/sent to the buyer's solicitor on completion.
- 3
Completion
The first part asks if completion will take place at the seller's solicitor's offices or not and if not, where it will take place.
Before the second part, there is a repeated warning about the seriousness of the upcoming matter, emphasising that it is an undertaking for the solicitor.
It requests that if the buyer intends to complete the transaction through the post, the seller's solicitor confirms their commitment to following the Law Society's Code for Completion by Post.
Additionally, the text specifies that the mortgage and charges listed in reply to question 5.1 (see below) should align with those specified in paragraph 6 of the code.
- 4
Money
The first part of the question asks the solicitor to state the exact amount payable on completion. If the amount includes items other than the balance purchase money, such as rent, service charges, or other payments, the solicitor needs to provide copies of the receipts for those items. The possible answers to this question are 'Enclosed' or 'Not applicable'.
The second part asks for details of:
- the solicitor's bank name;
- the solicitor's bank address;
- the related branch sort code;
- the client account name; and
- the client account number.
- 5
Mortgages and Charges
The first part asks for a list of the mortgages or charges secured on the property which they agree to redeem or discharge to the extent that they relate to the property on or before completion (including repayment of any discount under the Housing Acts).
The second part includes another warning that the answer to the question is treated as an undertaking.
It asks if the solicitor is prepared to take responsibility for paying off the listed mortgage and charges upon completion and to send Form DS1, DS3, and the receipted charge(s), or confirmation of electronic release or discharge, to the Land Registry as soon as they are received, to the buyer's solicitor.
The third part refers back to the Law Society's code for Completion by Post. It asks the solicitor to confirm that they are the authorised agent of the owner of every mortgage charge on the property.
This is in response to their undertaking to pay off the mortgage and charges upon completion as mentioned in the second part.
The form concludes with spaces for both sides of solicitors to sign and date, with another warning that they should only be signed by people with authority to give undertakings on behalf of their respective solicitor firms.
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What replies to requisitions on title does your solicitor give?
Most conveyancing firms have a standard response, but there are certain details unique to a particular conveyancing matter – they need to be amended as appropriate.
- 1
Vacant Possession
1.1(a) and (b) - Otherwise than may be apparent from correspondence we suggest that the buyers liaise directly with the sellers. Where applicable we will authorise the release of the keys upon receipt of all monies due under the contract.
[This question might also be answered 'Via the Estate Agents' and the second sub-part with 'As per the contract' which means the property will be vacated by the completion time stated in the contract].
1.2 - Where applicable this will be provided. [This question might also be answered 'N/A' or 'Confirmed'].
- 2
Deeds and Documents
2.1 - Please either refer to the Epitome in the case of unregistered title or the case of registered title, unless otherwise advised in correspondence or if the Register indicates that the certificate is retained at the Land Registry under section 63 LRA 1925, the title certificate relating to the charge(s) referred to in the reply to 6.1 will be handed over upon completion, or an undertaking to forward it/them when received from the relevant mortgagees or their separate solicitors when held by them.
2.2 - A schedule of deeds and documents will be provided upon completion.
[Another standard response is often 'All in our possession'. At a minimum, this will state that a transfer deed will be handed over.]
2.3 - Where applicable a deposit number will be given in correspondence.
- 3
Completion
3.1 - Yes, unless otherwise notified in correspondence.
3.2 - We are happy to adopt the current Law Society’s Code for Completion by post, and the mortgages and charges (if any) listed in reply to 6.1 are those specified for paragraph 3 of the Code, provided that, for the avoidance of doubt, despatch by post or DX of the title deeds is sufficient discharge of our obligation as to the delivery of the deeds and further that any agency obligations are subject to receipt of all monies due under the contract save as provided for in standard condition 6.3.5.
- 4
Money
4.1 - Balance as per contract.
[This is the answer if it is the amount stated in the contract. If it is not, then either the exact amount (including for example apportionments of ground rent and/or service charge to pay] is stated or the answer can be 'As per the attached completion statement' (with the completion statement attached).]
4.2 - [Seller's solicitor's bank details are added here].
- 5
Mortgages and Charges
[IMPORTANT: A reply to this requisition is treated as an undertaking as discussed previously, therefore the seller's solicitor must take great care when answering this requisition.]
5.1 - We are currently awaiting redemption figures and will revert to you in due course.
5.2 - In consideration of receipt of all monies due under the contract we undertake to forward the monies notified to us prior to completion by any mortgagee listed above to the mortgagee(s) and to forward the Form(s) DS1/receipted charges/copy notice of confirmation that an END1 has been sent to HMLR to you forthwith upon receipt.
[Sometimes, the words here will refer to 'the usual form of undertaking, which will be in the Law Society's recommended form, which will be given on completion in respect of the Charge dated [x] in favour of [y]' or similar.]
Why is Lawyer Checker sometimes used after replies to requisitions on title?
Given the increasing number of conveyancing scams occurring which cost private individuals and solicitors in the industry many millions every year, solicitors who truly care about their clients - and their reputations - should take special care regarding client funds.
Therefore, given that a residential buyer will normally have to transfer hundreds of thousands across to a seller to buy their intended property - and very often this involves borrowing most of this finance from a lender - our solicitors are always cautious when dealing with a solicitor they haven't dealt with before.
The replies to requisitions on title should clearly state the seller's solicitor's firm's bank account details and it is these which are put through Lawyer Checker, which confirms whether the solicitor firm is who they say they are, or if there is any doubt, in which case further checks will be applied and the transaction halted if necessary alongside notifying the Police.
Caragh is an excellent writer and copy editor of books, news articles and editorials. She has written extensively for SAM for a variety of conveyancing, survey, property law and mortgage-related articles.
