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Pre-contract Stage in Conveyancing for SQE1

Part of our SQE1 Property Practice guide → View the full SQE1 Property Practice guide

11 May 2026

The pre-contract stage is where the groundwork for a property transaction is laid. SQE1 expects you to know who does what, which searches and enquiries are requ

Property Practice > Pre-contract Stage in Conveyancing

What is Pre-contract Stage in Conveyancing?

Candidates often lose marks on SQE1 by muddling the order of pre-contract activities or neglecting to perform a required search or enquiry — mistakes examiners catch in scenario questions.

Key Principles for SQE1

When tackling Pre-contract Stage in Conveyancing as part of Property Practice, remember:

  • Know the procedural steps and their correct sequence
  • Understand the legal effect and consequences of each stage
  • Be familiar with the standard documentation and processes
  • Apply the rules to practical client scenarios

The pre-contract stage builds the foundation for everything that follows, leading eventually to exchange of contracts and completion.

Exam Tip

Pay close attention to the order of steps in conveyancing scenarios. Exam questions often include answer options that describe correct actions at the wrong point in the transaction.

How This Appears in SQE1 Questions

SQE1 questions on this topic use transactional scenarios asking you to:

  • Identify the correct next step in the process
  • Select the appropriate document or search
  • Recognize the legal consequences of events
  • Advise on party obligations and timings

This is a common SQE1 pitfall where SQE1 questions may test whether you know the correct sequence of pre-contract activities.

Key patterns to watch for:

  • Questions that test whether you know the correct sequence
  • Scenarios involving both buyer and seller (or buyer and lender) obligations
  • Time-sensitive requirements and deadlines
  • Different procedures for different property types

Common Mistakes Students Make

Students often struggle with:

  • Confusing the order of steps in the conveyancing timeline
  • Applying rules from different stages to the wrong scenario
  • Overlooking procedural requirements
  • Forgetting time limits and deadlines

Quick Summary

  • Pre-contract Stage in Conveyancing requires understanding both the law and the practical steps involved.
  • Work systematically through the procedural timeline and practise applying the rules to realistic scenarios.

Want to test this now? Try a few SQE1-style questions below before moving on.

Test Yourself

Test yourself

Quick check questions based on this article.

Question 1

Scenario

A solicitor is acting for both a buyer and a mortgage lender in the purchase of a freehold residential property. The purchase price is £320,000 and the buyer is obtaining a 90% loan-to-value mortgage of £288,000. During the investigation of title, the solicitor discovers that the property is subject to a restrictive covenant imposed in 1952 that prohibits any trade or business being carried on at the property. The buyer has informed the solicitor that she intends to use one room as a home office for her freelance graphic design business, seeing approximately two clients per week at the property. The solicitor has advised the buyer about the restrictive covenant and the buyer has confirmed she is content to proceed despite the potential risk of enforcement. The lender's mortgage instructions require the solicitor to report any matters that might affect the value or marketability of the property as security. The solicitor's firm has acted for this particular lender for many years and values the relationship. The buyer has asked the solicitor not to report the matter to the lender, stating that the covenant is old and unlikely to be enforced. The solicitor has not yet submitted the certificate of title to the lender. The lender's standard instructions are based on the UK Finance Mortgage Lenders' Handbook. The buyer's partner, who is not a party to the transaction, has also telephoned the solicitor urging her not to disclose the covenant.

What should the solicitor do in relation to the restrictive covenant?

Question 2

Scenario

A solicitor is acting for a buyer in the purchase of a registered freehold residential property. The solicitor has obtained official copy entries from HM Land Registry and is reviewing the title. The property register describes the property as a semi-detached house with garden and garage. The title is registered with absolute title. The proprietorship register shows that the registered proprietor is the seller. There is an entry in the charges register recording a legal charge in favour of a high-street bank. The solicitor also notices a notice in the charges register protecting the benefit of a restrictive covenant imposed on the property in 1978, which states that the property shall not be used other than as a single private dwelling house. The buyer intends to use the ground floor of the property as a small physiotherapy clinic while living on the upper floors. The buyer has mentioned this plan to the seller, who has said that several other houses in the street have been converted to mixed use over the years. The solicitor has also noted an entry in the proprietorship register containing a restriction stating that no disposition by a sole proprietor of the registered estate is to be registered except under an order of the court. The seller is the sole registered proprietor.

Which of the following matters arising from the official copy entries should cause the buyer's solicitor the greatest concern?

Question 3

Scenario

A solicitor is acting for both a buyer and a building society lender in the purchase of a residential property. The solicitor is acting under the terms of the UK Finance Mortgage Lenders' Handbook. During the pre-contract stage, the solicitor discovers that the property is subject to a restriction on the proprietorship register indicating that no disposition by a sole proprietor of the registered estate is to be registered unless authorised by an order of the court. The seller is the sole registered proprietor following the death of the joint owner. The seller has provided a death certificate and a grant of probate. The solicitor has also discovered that the property is affected by a public right of way crossing the rear garden, which is disclosed in the local authority search results. The buyer has confirmed that the right of way is acceptable and does not affect the buyer's intended use of the property. The lender's instructions do not specifically address public rights of way. The building society's standard form certificate of title requires the solicitor to certify that good and marketable title can be given.

What should the solicitor do in relation to the public right of way before issuing the certificate of title to the lender?

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Practise Pre-contract Stage in Conveyancing Questions for SQE1

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