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Contracts ConveyancingSettlement ProcessHARD

In a complex commercial property transaction using PEXA, the buyer's solicitor discovers a priority caveat lodged against the title 30 minutes before the scheduled settlement time. The caveat was not disclosed in pre-settlement searches conducted one week earlier. What is the most appropriate immediate action?

Correct Answer

B) Stop the settlement and investigate the caveat before going any further

A priority caveat discovered immediately before settlement represents a significant title issue that could affect the buyer's ability to obtain clear title. The prudent course is to abort the PEXA settlement to investigate the caveat's validity and implications, as proceeding could expose the buyer to substantial legal and financial risks that cannot be adequately assessed in such a short timeframe.

Answer Options
A
Settle on time and deal with the caveat once the transfer is registered
B
Stop the settlement and investigate the caveat before going any further
C
Ring the caveator directly and press for an immediate withdrawal of the caveat
D
Lodge a counter-caveat for the buyer and then settle as scheduled

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Related Topics & Key Terms

Key Terms:

caveatPEXAsettlementTorrens titledue diligence
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