When selling a house, it is natural to want to present your property in the best possible light. However, sellers also have responsibilities when providing information about their home. Being upfront about a potential issue doesn’t necessarily mean a buyer will walk away. In many cases, discovering that something important wasn’t disclosed can cause far greater problems later.
At AFG Law, our Residential Property team helps clients through every stage of selling a property, from completing the initial paperwork through to exchange and completion.
What Do You Have to Disclose When Selling?
During the conveyancing process, you’ll be asked to provide detailed information about the property. A key document is the TA6 form, also known as the Property Information Form. This asks questions about matters including:
- Disputes with neighbours and complaints.
- Property boundaries.
- Building works and alterations.
- Guarantees and warranties.
- Insurance.
- Flooding.
- Services and utilities.
- Matters that may affect the property.
The principle is that the seller should be transparent and answer questions accurately based on the information available to them. You will also normally need an Energy Performance Certificate when selling your home, subject to limited exemptions.
Do I Have to Declare Neighbour Disputes?
This is an area where sellers can understandably feel nervous. The TA6 form asks about disputes or complaints involving neighbours and other matters that could potentially lead to a dispute.
A disagreement doesn’t necessarily make your property unsellable. However, deliberately failing to disclose a relevant dispute could create much greater difficulties if the buyer discovers it later.
If you are unsure whether something needs to be disclosed when selling, speak to your conveyancing solicitor rather than simply leaving it out.
Do You Have to Declare Physical Problems with the Property?
Sellers are often unsure whether they need to disclose physical problems they have experienced with the property. Issues could include:
- Pest or vermin infestations, such as rats or mice.
- Woodworm or other insect infestations.
- Damp or mould.
- Flooding.
- Subsidence or structural movement.
- Problems with drainage.
- Japanese knotweed.
- Previous damage to the property.
- Significant problems with the roof or other parts of the building.
There isn’t a simple rule that means a seller must voluntarily list every defect they have ever encountered. However, you must answer the questions contained within the Property Information Form and any additional enquiries raised by the buyer’s solicitor accurately and honestly.
You should also be particularly careful if you are directly asked about a problem. For example, if a buyer asks whether there has previously been an infestation and you know that the property has recently required professional pest treatment, giving an inaccurate answer could potentially create problems later.
The same applies where a problem has been treated. If relevant information is requested, the fact that you believe an issue has been resolved does not necessarily mean it should be withheld.
Sellers should avoid deliberately concealing a known issue or providing information that could mislead a buyer. Depending on the circumstances, a buyer who discovers that important information was misrepresented after completion may seek legal advice about the remedies available to them.
If you are unsure whether a particular problem needs to be disclosed when selling your home, speak to your conveyancing solicitor. It is much safer to obtain advice before completing the paperwork than to discover after the sale that information should have been provided.
Who is Responsible for Providing Information About the Property?
Both the seller and the professionals involved in marketing and selling a property have important roles to play, although their legal responsibilities are not exactly the same.
Estate agents are subject to consumer protection law when marketing residential property. The Digital Markets, Competition and Consumers Act 2024 prohibits traders from engaging in unfair commercial practices, including misleading potential buyers or omitting material information they need to make an informed decision.
This means an estate agent may need to include important information about a property at an early stage rather than waiting until a buyer has made an offer.
Sellers also have an important role to play. As explained above, the information you provide during the sale should be accurate and honest. This applies not only to the information provided at the outset, but also to any additional questions raised as the transaction progresses.
The seller should therefore be transparent with their estate agent and conveyancing solicitor about known issues. The estate agent can then consider what information needs to be provided when marketing the property, while your solicitor can advise you on the information that should be disclosed during the legal process.
Trying to conceal a problem can create much more serious difficulties later.
What Happens If You Don’t Declare Something?
Failing to provide accurate information can lead to legal and financial consequences. If a buyer purchases the property after relying on inaccurate or misleading information, they may potentially face legal action depending on the circumstances. A buyer may seek compensation or pursue other remedies where a misrepresentation has caused them loss.
Your legal obligations will depend on the particular circumstances, so it’s important to answer formal enquiries honestly and seek advice if you’re uncertain.
How AFG Law Can Help
If you are selling your home, don’t panic because there is something about the property you think a buyer may be concerned about. Many properties have historic alterations, neighbour issues or other complications and are still successfully sold. The important thing is dealing with those issues properly.
AFG Law’s experienced Residential Property solicitors can guide you through the conveyancing process, help you complete the Property Information Form and advise you about what you may need to disclose when selling.
Contact AFG Law today to speak to our Residential Property team about selling your property.