Which statement about replies to enquiries is true?

Which statement about replies to enquiries is true?

• A. They do not form part of the contract.
• B. They form part of the contract.
• C. They create liability automatically.
• D. They are legally binding irrespective of accuracy.

Answer: (A)

Replies to enquiries are information provided during the conveyancing process about the property. They do not automatically become contractual terms. The contract of sale is defined by the agreement and any terms it contains. Unless the contract expressly incorporates the responses or includes a warranty about their accuracy, the statements in those replies are not binding terms of the contract. This doesn’t mean there’s never liability for what’s said. If a reply contains a false statement and the buyer relies on it when deciding to proceed, there can be a misrepresentation claim, with remedies such as damages or rescission. But that liability arises from misrepresentation, not because the replies automatically form part of the contract or are binding regardless of accuracy.

Replies to enquiries are information provided during the conveyancing process about the property. They do not automatically become contractual terms. The contract of sale is defined by the agreement and any terms it contains. Unless the contract expressly incorporates the responses or includes a warranty about their accuracy, the statements in those replies are not binding terms of the contract.

This doesn’t mean there’s never liability for what’s said. If a reply contains a false statement and the buyer relies on it when deciding to proceed, there can be a misrepresentation claim, with remedies such as damages or rescission. But that liability arises from misrepresentation, not because the replies automatically form part of the contract or are binding regardless of accuracy.