Replies to enquiries raised are described as:

• A. They form part of the contract and incorrect replies may amount to a breach.
• B. They do not form part of the contract, and any incorrect replies will not amount to a breach.
• C. They may form part of the contract if the seller agrees.
• D. They are irrelevant to the sale.

Answer: (B)

When selling land, the replies to a buyer’s enquiries are pre-contract statements. They are not part of the contract by default unless the contract explicitly incorporates them. Because they aren’t contractual terms, an incorrect reply does not automatically amount to a breach of contract. If a reply is false and relied upon, that situation can give rise to misrepresentation, which is a separate remedy from breach of contract. The other options imply that the replies automatically form part of the contract or that the seller must consent for them to bind, which isn’t the usual position.