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SQESalespersons Qualifying Examination✓EAQEEstate Agents Qualifying ExaminationA vendor says his flat is sold 'with the flat roof above it and car parking space P23'. The land search's Property Particulars describe the flat roof but do not mention any car parking space. What should the salesperson do?
Answer: Make a separate land search of the car parking space. Why not the others: - Car parks are never shown: A car park held as a separate property has its own register. - Leave title to the solicitors: The agent must check the information he provides; an unsearched car park may belong to someone else. - It must be a common part: That cannot be concluded without a search. Rule: If a flat roof, roof or garden is sold with the flat it will normally appear in the property description; a car park not shown on the flat's search should be searched separately. Source: EAA, A Study Guide to Estate Agency Law and Practice, Part 4; Practice Regulation (Cap. 511C), section 13; as at Oct 2026
Assuming a car park mentioned by the vendor is covered by the flat's land search.
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Start practising →An original question written to the published SQE syllabus. Figures in the explanation carry their effective dates; check them against the current law before relying on them. Independent exam practice. Not affiliated with or endorsed by the Estate Agents Authority (EAA) or the examination administrator.