When putting your house on the market, it's important to be completely honest and transparent about its condition and any relevant information. While you may be tempted to make your house sound as desirable as possible, it's crucial to remember that there are legal obligations surrounding the disclosure of certain information. Even small white lies can lead to serious trouble down the line. Ultimately, buyers have the right to be fully informed before committing to a purchase and failing to disclose necessary details can have consequences.
So, what exactly do you have to disclose when selling a house?
One important document that plays a significant role in this process is the Property Information Form, also known as the TA6 form. While it's not a legal requirement to fill out this form, most solicitors and conveyancers strongly advise doing so to ensure clear communication and avoid any potential legal issues. The form provides a comprehensive means of providing the buyer with essential information about the property.
Bad Neighbors
If you have experienced disputes or conflicts with your neighbours, you must disclose this information. This includes any issues involving the Party Wall Act and property boundaries. While neighbour conflicts may cease once you move out, it's essential to inform potential buyers about any ongoing or previous problems to prevent future surprises or legal battles.
Death
In the case of violent deaths that have occurred in the house you are selling, buyers have the right to be informed. However, the disclosure of natural deaths is a bit more nuanced. While there is no specific legal requirement to disclose natural deaths, it's a decision that should be made based on your judgment and the preferences of potential buyers. Keep in mind that some buyers may have personal or cultural beliefs that influence their decision, and they may appreciate your transparency on this matter.
Additional Points to Disclose:
- Notices or proposals (for example, from the local council).
- Planning permission for all nearby properties, not just the ones adjacent to you.
- Any building work that has been completed on the house.
- Details of building insurance.
- Any environmental matters.
- Major problems identified in previous surveys.
- An Energy Performance Certificate.
- Rights and informal arrangements, e.g. including access rights and shared use. Parking availability and rules for the property.
- Details of occupiers if the property is sold with existing tenants.
- Services include electricity, central heating, drainage, and sewage details.
Caveat Emptor
In the past, the principle of "caveat emptor", otherwise known as "buyer beware", placed the burden of discovering property issues on the buyer. However, the legal landscape has shifted, and sellers now have an increased responsibility to disclose relevant information. It's crucial to provide accurate and complete information to potential buyers, ensuring they can make informed decisions without encountering unexpected surprises later on.
Consequences of Not Telling the Truth
It's important to understand that if you choose to misrepresent or conceal information as a seller, the buyer may discover these discrepancies during the property survey or at a later stage. This can result in the buyer choosing to withdraw from the transaction, forcing you to start the entire selling process anew. If the buyer finds out about an issue you failed to declare, they can sue you under the Misrepresentation Act. Being truthful and transparent from the beginning will save you time, effort, and potential legal complications.
Remember, when it comes to selling a house, honesty is the best policy. By providing accurate and complete information, you create a foundation of trust with potential buyers, reduce the risk of legal disputes, and ensure a smoother and more successful selling process.
If you’d prefer to chat with a reliable UK conveyancer about exactly what you have to declare when selling your house, talk to the team at Muve. Muve is a UK conveyancing firm focused on making the moving process less stressful with minimal paperwork, proactive case progression and access to a 24/7 online case portal. Please don’t hesitate to get in touch for more information about the snagging survey process.
