LAW OF SPECIFIC RELIEF 307
(4) The Buyer however must not omit to take inspection, otherwise he will be held to have constructive notice of matters which he would have discovered if he had investigated the title.
- S ECTION 55 (1) (c)— S ELLERS DUTY TO ANSWER QUESTIONS
(i) When the documents of title are produced, the buyer examines them and if he is not satisfied makes requisitions. These requisitions are.—
(i) Requisitions relating to title.
(ii) Requisitions relating to Conveyance.
(iii) Other enquiries.
(2) Requisitions on title are objections that the documents do not show the agreed title or that the documents are not efficacious i.e. not duly attested.
(3) Requisitions on matters relating to conveyance refer to such matters as the joinder or concurrence of parties to the conveyance.
(4) Inquiries are for the protection of the buyer, and call attention to possible omissions of disclosure by the seller, and seek information on such points as easements, party walls and insurance.
(5) The Seller is bound to answer all requisitions which are relevant to the title and which are specific.
(6) The duty to answer requisitions is altogether distinct from the duty of disclosure under Section 55 (1) (a) of a defect, for, the omission of the buyer to make a requisition will not absolve the seller if he has not made a full disclosure.
(7) A buyer may waive requisitions. Waiver may be express or may be implied.
(8) Waiver is implied from conduct.
(i) When a buyer does not press a requisition that has been made.
(ii) When a buyer asks for time to pay the price.
(iii) When a buyer enters into possession.
(iv) When a buyer pays the whole or part of the price.