Historically, the onus was on a buyer to unearth any potential problems about a property prior to its purchase under a principle known as caveat emptor (‘buyer beware’).
However, this changed in 2013 when buying a home was brought under the Consumer Protection Against Unfair Trading Regulations in a move designed to protect buyers by increasing transparency.
As a result, sellers are now required by law to inform a buyer of any issues or defects about a property that might affect a buyer’s decision.
In this blog, our specialist Conveyancing Solicitors consider what information a seller must legally disclose to prospective buyers of their property.
Can you choose what to tell a buyer when selling your house?
Although it might be tempting to focus on the positives of your property to secure a sale, sellers are legally obliged to tell potential buyers various information, both good and bad.
Failure to provide the correct information and make the relevant disclosures is a criminal offence and can result in prosecution.
What information do I need to give a buyer if I sell my property?
Sellers are legally required to provide the various title deeds and ownership documentation, including documents like the Land Registry Title, lease (if applicable), and any other supporting paperwork relating to the property’s history.
During the conveyancing process, sellers also need to complete a Property Information Form (TA6 Form) that gives a prospective buyer additional information about the house or flat.
A seller must also fill in a TA10 Fittings and Contents Form, which states what is included and excluded within the sale of the property, such as any ‘white goods’ and light fittings.
If the property is leasehold, you must also complete a TA7 Leasehold Information Form.
What is included in Form TA6?
Form TA6 is a compulsory part of the conveyancing process and includes 14 categories of information that sellers must complete about the property. These relate to:
- Property boundaries, including who is responsible for their maintenance.
- Disputes and complaints.
- Notices and proposals, such as plans to develop any nearby land or buildings.
- Alterations, planning and building control.
- Guarantees and warranties that relate to the property, such as a new home warranty.
- Insurance, including if you have insurance on the property and whether you have made any claims against it.
- Environmental issues, such as flooding or Japanese knotweed. You will also need to supply an Energy Performance Certificate (EPC).
- Rights and informal arrangements, for example, rights to light or whether your property can be used for public access.
- Parking arrangements.
- Any charges affecting your property, such as any payments to a management company.
- Details of the occupiers of the property.
- Information about services, including whether the property has central heating, drainage, and sewerage supplies.
- Utilities, such as who is currently supplying utilities to the property and the location of any meters.
- Transaction information, including whether the sale depends on the seller completing the purchase of another property.
Do you need to tell a buyer about problems with the neighbours?
Declaring a dispute with a neighbour is a legal requirement when selling a house.
Form TA6 requires sellers to provide information about existing disputes as well as certain issues that could cause a dispute in the future. Form TA6 says:
“The seller should provide information about any existing disputes. This could include the cause of the dispute (for example, complaints relating to noise) and any action taken to resolve matters. The seller should also provide information about disputes that have arisen in the past.
“The seller should provide information about anything that could lead to a dispute in the future.”
If you fail to disclose information about a neighbour dispute that might affect whether a buyer goes through with the purchase, it may mean that you are accused of mis-selling the property, and could face prosecution and a claim for damages.
This can be a grey area, and what constitutes a dispute can be open to interpretation.
A legal professional can help. At Onions & Davies, our specialist residential property solicitors have extensive experience in residential property matters and can ensure your transaction runs smoothly.
If you are thinking of selling your property and have had difficulties with your neighbours, we can advise what needs to be disclosed and help complete the necessary forms.
Most of our residential property matters are completed on a fixed-fee basis. For more information on the fees we charge for a property sale or purchase, visit our costs information page by clicking here.
To speak with our residential property team today, call us on 01630 652 405 or email us at david@onionsanddavies.co.uk
Do I need to tell a buyer if a previous sale has fallen through?
Yes. You cannot withhold any information that might influence a prospective buyer’s decision. This means that you must also legally disclose, for example:
- If previous sales have fallen through and why.
- Any known structural issues.
- Any serious pest issues, such as mice.
- High levels of crime in the area.
What happens if I fail to disclose something?
Providing false information or withholding details about something that might impact a property’s sale is a criminal offence.
Ignorance is not an excuse. Even if you unintentionally mislead a buyer, you could face prosecution under the Misrepresentation Act 1967 and might be liable for damages.
With Onions & Davies’ assistance, you can confidently progress towards an efficient property sale.
We are accredited under the Conveyancing Quality Scheme (CQS), which provides a recognised quality standard for residential conveyancing. Being an accredited member of the CQS means that we meet the high standards the Law Society sets to ensure that we give clients a professional and quality conveyancing service.
Read more here.
Conveyancing Solicitor Shropshire, Cheshire and Staffordshire
Buying or selling a property is likely to be one of the most important legal transactions you undertake. Therefore, it is crucial to ensure that the legal advice you receive is accurate and relevant to your situation.
At Onions & Davies, we have extensive experience advising clients on the buying and selling of properties. We understand the stresses involved and will work closely with you, the estate agent and your mortgage adviser to achieve a smooth and efficient move.
We will guide you through all the relevant stages of your property purchase and ensure you undertake all your obligations at every stage of the conveyancing process.
Onions & Davies has provided exceptional property law services in Shropshire, Cheshire, Staffordshire, and beyond for many decades.
Our highly skilled property team utilises in-depth local knowledge and expertise to navigate potential legal complexities, ensuring a smooth and successful transaction tailored to your circumstances.
To speak to one of our conveyancing solicitors, please call us on 01630 652 405 or use our online contact form.
For more information about how we can help you sell a property, please click here.