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What Do You Need To Declare When Selling Your Home?

cgi of lots of white houses with yellow, red and greens ones

You’ve done all the hard work to make your property attractive, to entice potential buyers. However, what about the things that people cannot see or that are not obvious when they glance around? This article covers what you have to declare when selling a house.

So, what do you have to declare when selling a house?

Certain details are required to be revealed to any prospective purchaser. Some of this information will be provided by you, while the remainder will be acquired by their solicitor. This information comprises of:

  • Information on boundaries, including responsibilities and disputes
  • Any other disputes and complaints involving neighbours
  • Nearby properties with planning permission
  • Any building work conducted on your house
  • Details of any planning permissions or certificates that are relevant
  • Previous surveys that have uncovered issues like;
    • flooding and subsidence
    • The presence of Japanese knotweed
  • Things that affect the location of your property such as close-by motorways, flight paths or railways
  • Environmental issues

Timelines for declaring subsidence

Subsidence poses a major worry for potential buyers. It can not only impact their decision to buy, but also the ability to get insurance. Hence, there is no limit to when it must be revealed. Therefore, it must be reported regardless of when it occurred. While you still need to give any pertinent information, it is likely that any past or present sinking will be identified by the survey or via the local central lender and insurance records.

When and how do I disclose my property information?

As soon as possible, you should share any information that you believe may be of interest to a prospective buyer. This will guarantee that any offers to purchase your house are made with full understanding and, hopefully, reduce the likelihood that the buyer may back out later on. Remember that the further along you are in the process, the more probable it is that you will have incurred additional costs and that your personal plans will be impacted.

If not disclosed during the early stages of talks with the buyer, you will be required to disclose them during the legal procedure and will be required to file a TA6 form. The completion of this document is not required by law, but refusal to do so is likely to raise red flags with your prospective buyer.

What happens if I don’t disclose certain facts on the TA6 form?

It is not a legal requirement to complete the TA6 forms. Failing to disclose relevant information that could affect the buyer’s choice to continue, may lead to legal action against you, post completion. You could be sued under the Misrepresentation Act.

We encourage you to be completely transparent with the details you provide so potential buyers can have peace of mind that all pertinent details are available.

Get in touch today to answer any other questions you may have.

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