What Do You Need to Tell Your Local Conveyancing Solicitor?

In many ways, the purchase of a property in England and Wales falls under the principle of Caveat Emptor, or buyer beware. This puts the onus on the buyer to assess the condition and details of a property, usually through surveys and searches, in order to decide whether or not they want to buy it. 

However, as a seller, there are a number of details that you must disclose to your local conveyancing solicitor if asked. Should you fail to do so, your buyers could sue you for the cost of repairs, plus damages and legal fees, under the Misrepresentation Act 1967. 

Your team of local conveyancing solicitors at Holdens Law will provide you with clear guidance on what you are required to disclose, so nothing important is overlooked, in order to protect yourself from expensive repercussions in the future.

Filling in the forms

When selling a home, you will normally be asked to complete a number of property transaction forms giving details of the property, its history and the area around it. These include the TA6 Property Information form, the TA7 Leasehold Information form (where relevant) and the TA10 Fittings & Contents form. These are not legal documents in themselves, but they do form part of your legal contract of sale.

You must be open and honest about the information you provide on these forms. Failure to disclose a problem that you know about could lead to costly legal action against you. However, you are only asked for answers ‘based upon information known to you’ and ‘you are not expected to have expert knowledge of legal or technical matters’. That means that you can simply say that you don’t know, or that you are unaware of something, and this puts the onus back on the buyer to investigate further.

Although you are not required to volunteer every detail about your property to a potential buyer, you do need to answer enquiries truthfully and share anything important that a buyer would reasonably want to know.

This is why most property buyers and their local conveyancing solicitors, use the TA6 form, to ensure that they have asked all the right questions in the right way. You risk legal repercussions if the buyers have made the relevant enquiries, and they can prove that you have deliberately misled them about a problem that it would be reasonable to assume that you knew about.

Clearing up the grey areas

While the property forms are generally straightforward and informative, they can create some grey areas, where as a seller, you are unsure as to whether you need to disclose an issue or not. For example, you might not know what constitutes a ‘dispute or complaint’ with your neighbours, or what ‘informal access agreements’ need to be declared. You may be unsure about the exact location of your property boundaries, or who is responsible for party walls or fencing. 

This is where Holdens Law, your local conveyancing solicitor, can provide support, giving you clear advice on how to respond to enquiries with confidence. If you have any doubts about how to complete your property information forms, or any other aspect of your sale, our team will be happy to assist you. We are always on hand to help you to complete the forms as fully as possible, to avoid delays to the sale caused by queries from your buyers’ solicitors and facilitate a smooth and stress-free sale. 

Expert advice from your local conveyancing solicitor can not only speed up your sale now, but also avoid serious legal problems in the future. So, if you have a home to sell, trust Holdens Law to take care of you every step of the way. Contact our team today in Lancaster, on 01524 32484 or in Kendal on 01539 720629.