CILEx Conveyancing Level 3 Practice Exam

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• Why would you send a copy of the Title Information Document to the buyers and the lender?
• What may be a consequence for the firm if they breach the duty of care due to late registration?
• Which document confirms the builder's warranty cover for the property and NHBC protection?
• Explain why your client should appoint a second trustee to act jointly with her in the sale of 25 Kynaston Road.
• Explain whether Gerald Vaut would need to sign the contract for the sale, and give the reason for your answer.
• What is the effect of providing an undertaking to discharge a mortgage on completion, and what is the consequence if it is not fulfilled?
• Why must Ian White sign Special Condition 7 in the contract, and what does it ensure?
• Which sequence best describes how to deal with a unilateral notice?
• Which document must you provide to Pan Euro Bank plc before the mortgage advance is released?
• In pre-contract work for Bramble Cottage, which document's content must be checked alongside the EPC to assess environmental issues affecting the sale?
• Explain the purpose of the redemption statement that the seller's lawyer will need to obtain from Pan Euro Bank plc prior to completion.
• Describe how, in the contract documents, you would deal with the carpets and curtains which are being sold for an additional £1,200 and explain why.
• Which of the following is a feature of an interest-only mortgage?
• What search would you carry out to assess drainage and water services for a property, and from where is it obtained?
• Under the 2019 Code of Conduct for Solicitors, which rule addresses conflicts of interest?
• Who may lose out if third party interests gain priority due to late registration?
• If a Green Deal plan exists on the property, what clause is typically inserted in the contract regarding repayments?
• In responding to Mr and Mrs Mahmood's request to move into 5 Star Road at 8am on the day of completion, which conclusion is drawn?
• Which item is supplied as part of the pre-contract package to verify planning matters for Rowton Cottage?
• What does the memorandum of exchange document record?
• After registration has been completed, which item would you check in the Title Information Document first?
• Identify the correct statement regarding restrictions registered by mortgagees on a title.
• In your answer booklet, draft the contents only of a pre-completion checklist for the sale of 3a John Street. Which item would be included?
• Completion Statement: What is the main purpose of sending this document to clients in a property purchase?
• Which obligation requires using the most up-to-date version of the Code for Completion by Post, contract, forms and accompanying guidance?
• Prior to exchange of contracts on 5 Star Road, which matters will you check on behalf of Framer Bank UK PLC?
• Identify a preliminary step you would take when your firm first receives instructions to act in the sale of 25 Kynaston Road with regard to anti-money laundering?
• Why must the balance requested in the completion statement be paid in good time before completion?
• An undertaking given by a firm in relation to the redemption of an existing mortgage is binding on the firm and must be complied with even if there is a shortfall from the sale proceeds. What is the correct consequence?
• Which combination of forms is used for a local land search, and what example information could the search reveal?
• Which is a step you need to take in respect of the unilateral notice, in order to resolve any concerns?
• What is the purpose and advantages of having a separate declaration of trust signed by your clients relating to their co-ownership of the property?
• Explain the legal and practical effects of an exchange of contracts taking place on your clients’ purchase.
• Which best describes the 'priority period' created by OS1?
• What is the purpose and effect of the Unilateral Notice shown in the Charges Register of a registered title?
• Which action is a direct anti-money laundering check you would perform when you first receive instructions to act in the sale?
• Which of the following best describes the effect of the Unilateral Notice on priority and subsequent registration?
• Which statement accurately describes the deposit arrangement on exchange?
• Which option best describes the purpose of the memorandum of exchange?
• What is the purpose of arranging for the lender to execute e-DS1/ED?
• Which matters are typically revealed by a CON29 search?
• Identify and explain the documents you will send to the Land Registry when applying for registration of Honeysuckle Cottage.
• Identify five financial aspects of your client's purchase of Rowton Cottage which you would need to discuss with him when receiving initial instructions to act for him in his purchase.
• Which matter is addressed at exchange of contracts on the properties?
• Which remedy would address a title issue arising from a restrictive covenant breach by the seller?
• Explain the effect of Possessory freehold on title risk and what options exist for addressing lender concerns.
• What is the purpose of Form LTR SDLT5?
• Which statement best explains the reason for checking the title upon receipt of title documents?
• What is the purpose of inserting the Contents price at the front of the contract and attaching TA10 when fittings and contents are included in the sale?
• In relation to the seller’s registered title, what is a likely pre-contract issue requiring action to satisfy the buyer’s lawyer?
• Which matter is included in the undertaking to discharge the seller's mortgage?
• Which statement about the validity of a contract for sale under s.2 LPA 1989 is correct?
• Why would you carry out a chancel repair liability search?
• What happens to the beneficial joint tenants' interests on the death of one?
• Explain the effect of Miss Patel and Mr White owning as beneficial joint tenants.
• Why is it important to obtain a redemption figure from Lodgers Bank Ltd at an early stage prior to exchange of contracts?
• Which statement about the Energy Performance Certificate (EPC) is correct?
• Identify five documents that you would include in the pre-contract package to be sent to the buyer's lawyers on your client's sale of 25 Kynaston Road.
• Which document is used to evidence the discharge of the existing mortgage for registration at the Land Registry?
• Before registration, what is the buyers' interest status?
• Under the Standard Conditions of Sale, how is the deposit held on exchange of contracts?
• Which are the three methods that can be used for exchange of contracts?
• Explain the purpose of Form TA6 and describe its legal effect; give two examples of the type of information the form provides.
• Which item would be a disbursement on a completion statement?
• In relation to Bramble Cottage, what steps should the solicitor take regarding energy performance and any Green Deal obligations?
• On behalf of the lender, when an adult occupier intends to live with the purchasers on completion, which steps must be taken?
• Which action is appropriate to address concerns about adult occupier Jessica in the property transaction?
• Which description best represents the position before exchange for 5 Star Road?
• Which statement is true about the completion steps regarding the Transfer and relevant completion documents?
• What is the purpose of obtaining a redemption statement after exchange/before completion?
• Identify the required time frame for applying for registration of the purchase at HM Land Registry and the consequences of not doing so, including the changes to register PB114832 on completion.
• In relation to the mortgage, why would you send a certificate of title to the lender?
• Which Law Society Formula would you use to exchange contracts for the sale of 3a John Street and state why you would use this particular Formula?
• Explain why your client should appoint a second trustee to act jointly with her in the sale of 25 Kynaston Road.
• What action would you need to take in respect of the Unilateral Notice to enable you to satisfy the buyer's lawyer?
• Registration and OS priority: What is a possible consequence if you fail to apply for registration within the priority period?
• Which of the following would NOT be a matter to check on the date of completion?
• Which of the following is NOT a typical purpose of the title plan for a registered title?
• Identify the consequences for your firm of failing to comply with the undertaking relating to the discharge of the mortgage to Lodgers Bank Ltd.
• Which pre-contract search would you make in light of the property being on Coal Lane and the register showing that rights to mines and minerals are reserved, and why is this search necessary?
• Identify why you would undertake a Company Search against the seller, when you would undertake such a search and what information it would provide.
• Explain why the Transfer will need to be executed by all parties.
• Which professional rule governs acting jointly for clients Amanda Turner, Bijal Patel, and Pan Euro Bank in relation to Bramble Cottage?
• In relation to the redemption of the existing mortgage on the property, what form of document would the buyer's lawyer require from you on or before completion, and what would you need to obtain and check before providing this?
• If you act for a lender as well as for either the buyer or the seller, the duties owed to the lender client are ...
• What is the primary purpose of an Index Map search in a pre-contract check for a property with a right of way over a lane, and what information would it reveal?
• Two covenants implied under full title guarantee are:
• Why are photocopies of the Title Information Document and title plan not sufficient as evidence of registered title to 19 Hamilton Road?
• Explain the reasons why a TA6 form is required and describe the legal effect of the replies given in the form. Give two examples of the type of information which the form will provide.
• What is the purpose of the title plan?
• Which two forms of beneficial co-ownership are mentioned for property?
• If the transaction is not registered within the priority period, which statement directly addresses the consequence?
• Explain how you should respond to a request that one seller signs a contract on behalf of another seller.
• For redemption of an existing mortgage on completion, what document would the buyer's lawyer require and what must be checked before providing it?
• Prepare the contents of a letter explaining what is meant by a mortgage and describe two types of mortgage.
• Describe five steps you would need to take in relation to the easement reserved over the property (drainage).
• In summary, what is the main risk if registration is not completed within the OS1 priority period?
• From where will the deeds packet for 3a John Street be obtained, and what undertaking would be given?
• Why would a Commons Registration search be relevant for Bramble Cottage, and what information would it typically reveal?
• Which of the following is NOT a provision of the Law Society Code for Completion by Post as it applies to the seller's firm?
• Describe the consequence of exchange in The Willows linked transaction.
• What is a key feature of the Form OS1 pre-completion search?
• Under what circumstance is it permissible for a lawyer to act for both clients and the bank in a Bramble Cottage transaction?
• What is the purpose of a Completion Statement in relation to Bramble Cottage?
• LENDER will require certain details to provide a redemption statement. Which item is required?
• Identify which pre-contract matter you would check before you would be in a position to exchange contracts.
• If registration isn't within the OS1 priority period, what is the effect on the transfer?
• Which statement best describes what the local search may reveal about roadworks near the property?
• Which formula will be used to exchange contracts on The Willows in a linked transaction?
• Identify a step that must be taken, in order to carry out completion by post on the purchase of The Willows.
• Under the Trusts of Land and Appointment of Trustees Act 1996, if there are co-owners, what is the status of the trust of land?
• Which of the following represents six pre-contract matters you would check before you would be in a position to exchange contracts on 19 Hamilton Road?
• What potential liability could arise for the lawyer?
• Under the Law Society Conveyancing Protocol, which statement best describes the handling of additional pre-contract enquiries?
• On completion of a property in Wales, which tax is payable by the buyer?
• Which description best defines a 'legal charge' in the context of a mortgage?
• What could happen if you fail to deal promptly with a requisition raised by the Land Registry?
• If a Green Deal is in place on the property, what must be done in the contract?
• Which form is used to list included fittings and contents in the contract for SALE PROPERTY?
• To be valid, the transfer must be executed under which statute?
• Which of the following is not an appropriate amendment to the draft Transfer for Bramble Cottage?
• What is the first step in obtaining information about major roadworks near the property?
• Under a full title guarantee, which two covenants are implied?
• Which statement is true regarding the SDLT exemption mentioned for properties under £500,000?
• What is OS1?
• What is the professional consequence for the firm providing this undertaking?
• Which option best describes the removal of a unilateral notice before exchange?
• Which is a correct pre-completion search for the property?
• Which pre-contract search would reveal whether there is a right of way over a lane?
• In relation to registration, which statement is true before the transfer is registered?
• Which body is typically used to discharge a restrictive covenant?
• What is the effect and meaning of a Possessory Freehold title in the Proprietorship Register, and what action might be necessary?
• When does the mortgage become a legal charge?
• What action would you need to take in respect of the Unilateral Notice to satisfy the buyer's lawyer?
• Which of the following is NOT a factor to check in relation to an easement affecting a property?
• Which type of document would you request to prove the change of name between the seller's registered surname and the person named in the contract?
• Which pre-completion search is used to check bankruptcy status?
• Which amount is the total SDLT payable on a £490,000 purchase if no exemptions apply?
• On exchange, how is the deposit held by the seller's lawyer under the Standard Conditions of Sale (5th edition, 2018 Revision)?
• Which of the following is listed as a method to deal with the range cooker in the contract of sale?
• Explain the key features of the Energy Performance Certificate (EPC).
• What is the effect of a Unilateral Notice shown in the Charges Register of a registered title?
• Which two searches are required after exchange of contracts but before completion to protect your clients' purchase of Park Lodge, and what is the purpose of the Land Registry OS1 search?
• Which amendment would you make to the draft Transfer?
• Special Condition 7—what is true about its effect on occupancy and completion?
• Which form is used to apply for registration of a purchase with the Land Registry?
• Which duty could be breached by the lawyer if registration is not within the priority period?
• Which item is part of the completion checklist?
• Identify the class of title for Honeysuckle Cottage and what it means.
• Which document is a prescribed form of transfer of the property to the client for registration at the Land Registry?
• Which document among those listed for Form AP1 evidences the discharge of the current mortgage?
• The principal risk described arises from which event?
• Which statement correctly describes the unilateral notice removal on completion?
• Which of the following is a pre-contract matter you would check before exchange, and why is it important?
• Which form must be signed or approved by the client for SDLT purposes?
• Identify the statute that governs implied covenants for title in a sale with Full title guarantee, and state which covenants will be implied.
• Which four amendments would typically be required to a draft Transfer for Bramble Cottage?
• Which provision ensures documents are sent to the buyer's lawyer no later than the end of the next working day after completion?
• Describe how you would deal with the carpets and curtains, which are being sold for £1,200, in the contract documents and why.
• Which handbook should you consult to obtain the lender's instructions regarding an adult occupier?
• In a trust of land with co-owners, how is the legal estate held?
• In the SRACC framework, when can the 'substantially common interest' exception to the conflict rule apply?
• Under what circumstances can a lawyer act for both clients and the bank despite a potential conflict of interest?
• Which standard form of contract is appropriate to use when drafting the contract for sale of land in this case?
• Explain the consequences of failing to respond to the requisition.
• Who has the right to apply to the Land Registry for cancellation of a Unilateral Notice?
• Under the general obligations, you must comply with the Money Laundering Regulations 2017 and client identification requirements.
• Which of the following is a general obligation on conveyancers under the Law Society Conveyancing Protocol?
• Why check your title for incumbrances upon receipt of title documents?
• Explain the effect of the issue arising from the Proprietorship Register of the registered title to Bramble Cottage and identify the action you would require the seller's lawyer to take in respect of it.
• What is the purpose of a unilateral notice in the charges register?
• Which measure could have prevented the requisition being raised and how should you respond?
• What may happen if the OS1 priority expires before the transfer and mortgage are registered?
• Which investigations are recommended in respect of the Conveyance dated 25 October 1991?
• Identify the financial payments you will have to deal with on receipt of the proceeds of sale.
• Describe what you would do with the title information document once it has been received from the Land Registry.
• Which form must the certificate of title be provided in to a mortgagee?
• What is the purpose of completing and obtaining satisfactory replies to Completion Information and Undertakings Form TA13?
• Identify the correct treatment of carpets and curtains in the contract for 19 Hamilton Road and explain why you would deal with them in that way.
• Which Law Society Formula would be used when the seller has a related purchase in a chain transaction?
• What does the term 'legal ownership' require in this context?
• What does Absolute title mean for the property?
• Identify four matters that should be included in a client care letter.
• Under s.2 of the Law of Property (Miscellaneous Provisions) Act 1989, which requirements must be satisfied for a contract for the sale of land to be valid?
• Which two forms will be used to make a local search, and what two examples of information could the result provide?
• Why should planning matters be checked before exchange of contracts?
• What is the primary purpose of a separate declaration of trust for co-ownership in a property?
• Under SRACC 2011, a lawyer may act for both the client and the lender in a property transaction if there is a substantially common interest and the client's consent. Which condition is part of the exception?
• How is the lender's security affected if registration is delayed?
• Photocopies of the Title Information Document and title plan will not be sufficient as evidence of your client's registered title. Which documents are required instead?
• What age must an Energy Performance Certificate be at the time of assessment?
• Which additional pre-completion search is explicitly mentioned as needing to be checked, besides OS1?
• What information does a flood search provide and why is it relevant?
• What actions are required in relation to energy performance when purchasing the property, including Green Deal considerations?
• Which step is involved in discharge of the mortgage on completion?