Common questions on your commercial property purchase

The myriad of questions we get asked during the process of purchasing a commercial property is vast but there are a few which regularly crop up and so we have taken this opportunity to share those here.

By Brent Forbes, director, Petty Chartered Surveyors.

We hope these help anyone or any business who finds themselves in this situation and more importantly, be forewarned with the knowledge to be able to avoid any negative pitfalls.

Question: Which party bares the risk if something happens to the property in the period between exchange and completion?

Answer: This depends on the terms of the sale and the purchase agreement. At common law (i.e. if the contract is silent on the matter) the buyer takes on the risks of something happening from the moment of exchange. However if the contract incorporates the Standard Commercial Property Condition 7 provides that the risk is to pass to the buyer on exchange. Please ascertain which contract you are tied to in order to avoid any unwanted surprises.

Question: Who is responsible for maintaining and repairing the property during the period between exchange and completion?

Answer: On exchange of contracts the beneficial interest of the property passes to the buyer although the seller remains the legal owner. The seller is therefore holding a legal estate on trust for the buyer and has various duties towards the buyer including a duty to manage and preserve the property. It won’t run to decoration but it means that the seller must not wilfully damage the property and must take reasonable care of it.

Question: What happens if the property does get damaged in this period?

Answer: Normally the buyer will be obliged to complete even if the property is damaged and must complete at the full purchase price. If it has insurance then you can claim through the insurer.

Question: Which party should take out buildings insurance during this period?Answer:

Enjoyed this? Read more from Lancashire Business View

Latest news

1

AFD Systems forms strategic partnership ORCA Oceanic Systems AFD Systems and Orca

AFD Systems forms strategic partnership ORCA Oceanic Systems

09 Mar 2026

2

Lancashire engineering firm teams up with Icelandic energy company Ritherdon deal with Icelandic energy company

Lancashire engineering firm teams up with Icelandic energy company

06 Mar 2026

3

Burnley chosen for second-ever digital and tech festival Leon Caverley Door4 Mark Edwards Seriun Cat Mawdsley Northern Reach Dave Walker and Liz Wilkinson Brandlifi

Burnley chosen for second-ever digital and tech festival

05 Mar 2026

4

CRC Evans accelerates global growth strategy Steven Mackay

CRC Evans accelerates global growth strategy

05 Mar 2026

5

Star Academies set to anchor £45m Blackburn town centre scheme The regeneration in Blackburn

Star Academies set to anchor £45m Blackburn town centre scheme

05 Mar 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV127 March/April Magazine Networking Event
Jan/Feb Networking Event - Closer up
Networking
19 Mar 2026

LBV127 March/April Magazine Networking Event

Salmesbury Hall, Preston New Road, Lancashire, PR5 0UP

08:30 - 10:30

AI & Cybersecurity Summit
AI and Cybersecurity Logo
Summit
28 Apr 2026

AI & Cybersecurity Summit

Dunkenhalgh House , Blackburn Road, Clayton Le Moors, BB5 5JP

08:30 - 11:00

Sub36 Networking - Outdoor Elements
Sub36
Networking
29 Apr 2026

Sub36 Networking - Outdoor Elements

Outdoor Elements, Pump House Dean Wood, Trapp Lane, Burnley, BB12 7JD

09:00 - 11:00

LBV Magazine Networking Events - SAVE THE DATES
Jan/ Feb Networking Event - Talking
Networking
14 May 2026

LBV Magazine Networking Events - SAVE THE DATES

Lancashire

08:30 - 10:30

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Bay Hospitality Forum
Logo.jpg.jpg
LBV Hub Networking
11 Mar 2026 - 11 Mar 2026

Bay Hospitality Forum

Lancaster & Morecambe College, Lancaster, LA1 1TZ

10:00 - 12:00

Red Rose Awards 2026
Rra26 Logo315x315
Awards
12 Mar 2026

Red Rose Awards 2026

Winter Gardens Blackpool

18:00 - 02:00

Payroll Update 2026 Red Hall Hotel
Payroll calculator new.jpg.jpg
LBV Hub Seminars
13 Mar 2026 - 13 Mar 2026

Payroll Update 2026 Red Hall Hotel

Red Hall Hotel, Bury, BL9 5NA

08:00 - 10:00

Chamber Business Lunch with guest speaker – John Pye, Eden Project Morecambe
Logo.jpg.jpg
LBV Hub Dinners / Balls
13 Mar 2026 - 13 Mar 2026

Chamber Business Lunch with guest speaker – John Pye, Eden Project Morecambe

Morecambe Football Club, Morecambe, LA4 4TB

11:00 - 14:00

Could your business be a King’s Award winner?
King's Cross Awards
LBV Hub
18 Mar 2026

Could your business be a King’s Award winner?

11 Victoria Street, Preston, Lancashire, PR1 7QS

16:00 - 18:00

Preston Freelancer Meet-Up and Coworking Day: March
March Freelancer Square.png.png
LBV Hub Networking
19 Mar 2026 - 19 Mar 2026

Preston Freelancer Meet-Up and Coworking Day: March

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

The Business Network Central and East Lancashire
LBV Header (30).png.png
LBV Hub Networking
19 Mar 2026 - 19 Mar 2026

The Business Network Central and East Lancashire

Barton Manor, Preston, PR3 5AA

11:30 - 14:15

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin