At common law the principle of caveat emptor ('let the buyer beware') places the obligation on the buyer to discover any physical defects in the property being sold1. Additionally, the Standard Contractual Conditions2 require the buyer to accept the property in the physical state it is in at the date of the contract. For these reasons a buyer should always be advised to have a survey carried out before exchange of contracts after which time the buyer will not be able to withdraw from the transaction3. The only possible exception to this is where the property being purchased is
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