Selling a house, what do I need to declare?

If you are selling a property, it is a legal obligation to give full disclosure of the property to the buyer.

When selling a house or flat, sellers must be careful about the information they give to the buyer. A buyer is expected to inspect the property, obtain searches, raise enquiries and arrange a survey. Still, the seller must not give false or misleading answers during the conveyancing process.

Buyer Beware, and Seller Disclosure

Property sales in England and Wales are still influenced by the principle of "buyer beware". This means the buyer is generally responsible for investigating the property before exchange of contracts. The buyer's solicitor will usually review the title, raise enquiries, carry out searches and advise the buyer to obtain a survey.

However, buyer beware does not allow a seller to mislead the buyer. If the seller answers a question incorrectly, conceals relevant information in response to a direct enquiry, or gives a misleading answer on the property information form, the buyer may have a claim after completion.

The Property Information Form

What Is the TA6 Form?

In most standard residential sales, the seller is asked to complete a Property Information Form, commonly known as the TA6. This form gives the buyer important information about the property before contracts are exchanged.

The TA6 form asks about matters such as boundaries, disputes, notices, alterations, planning and building control, guarantees, insurance, flooding, services, utilities, charges, occupiers and other issues affecting the property.

Why Accurate Answers Matter

The buyer may rely on the seller's answers when deciding whether to proceed, renegotiate or withdraw. If the seller gives inaccurate or misleading information, this may lead to a misrepresentation claim.

Sellers should answer the form carefully, check documents where possible and tell their solicitor if they are unsure. Guessing, minimising a problem or leaving out relevant information can create risk.

Common Issues That Should Be Disclosed

Sellers should pay particular attention to questions about disputes, complaints, flooding, notices, alterations, building works, planning permissions, building regulation approvals, guarantees, shared access, rights of way, boundaries and neighbour issues.

Some issues may need to be disclosed even if they have been resolved. For example, a past boundary dispute, insurance claim, flood event, structural issue or complaint involving a neighbour may still be relevant depending on the wording of the form and the circumstances.

Defects and Hidden Problems

Sellers do not usually have to volunteer every possible defect that a buyer could discover through inspection or survey. However, if the seller is specifically asked about a defect, repair, dispute, insurance claim or known problem, the answer must be honest and not misleading.

A seller should not cover up a defect, provide a false answer, or give the impression that no problem exists when they know that is not true. Examples might include concealing serious damp, failing to mention known roof problems when asked, or giving misleading answers about previous structural movement or timber decay.

Latent Defects and Encumbrances

A latent defect is a hidden defect that may not be apparent from an ordinary inspection. This could include concealed structural defects, hidden rot, subsidence, defective works or other issues that a buyer may not easily identify without specialist investigation.

An encumbrance is a legal burden or right affecting the property. This may include mortgages, rights of way, restrictive covenants, easements, leases, charges, overage agreements or other legal interests. Many encumbrances should be revealed through the title documents and conveyancing process, but sellers should still answer enquiries accurately.

What Happens if a Seller Gives False Information?

If a seller gives false or misleading information and the buyer relies on it, the buyer may be able to bring a misrepresentation claim. Depending on the facts, the buyer may seek compensation, a price adjustment or, in serious cases, rescission of the contract.

Claims are not limited to the cost of repairs in every case. The buyer may argue that they paid too much, would have negotiated differently, or would not have bought the property at all if the true position had been known.

If You Realise an Answer Is Wrong

If a seller realises that an answer on the TA6 form or in correspondence is wrong, incomplete or out of date, they should tell their solicitor immediately. It is usually better to correct the position before the exchange than to allow the buyer to proceed with inaccurate information.

Updating an answer may lead to further questions, renegotiation or delay, but failing to correct a known error can create much greater risk after completion.

Insurance and Indemnity Policies

In some situations, indemnity insurance may be available to deal with specific conveyancing risks, such as missing building regulation approval, lack of planning documentation, title defects or restrictive covenant concerns.

Indemnity insurance is not a solution for every problem. It may not cover known disputes, physical defects, deliberate concealment or issues that have already been raised with third parties. Sellers should discuss any possible policy with their conveyancing solicitor before contacting councils, neighbours or other bodies.

Advice for Buyers

Buyers should not rely only on the seller's answers. They should review the TA6 form carefully, raise follow-up enquiries, obtain appropriate searches and consider a survey. Where the property is older, altered, unusual, leasehold, rural or affected by previous works, more detailed investigation may be needed.

If a buyer discovers a problem after completion, they should obtain advice quickly. Time limits apply, and the strength of any claim will depend on what was asked, what was answered, what the seller knew and whether the buyer relied on the information.

Advice for Sellers

Sellers should complete the property information form carefully and honestly. They should not guess, hide relevant facts or assume that an issue does not matter because it happened some time ago.

Where there is uncertainty, the safest approach is to tell the conveyancing solicitor and ask how the issue should be answered. Clear disclosure can reduce the risk of a later claim and may prevent disputes after completion.

When Legal Advice May Be Needed

Legal advice may be needed if there are known defects, neighbour disputes, boundary issues, flooding, planning problems, missing approvals, title defects, leasehold concerns, insurance claims, structural issues or questions about what should be disclosed.

Advice may also be needed after completion if a buyer believes the seller gave false information, or if a seller receives a claim alleging misrepresentation.

Current Position

Sellers must take care when answering the TA6 form and other conveyancing enquiries. The buyer remains responsible for conducting proper investigations, but a seller who provides false, incomplete, or misleading answers may face a legal claim after completion.

The safest approach is to answer accurately, correct mistakes promptly and take advice from a conveyancing solicitor where there is any doubt.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice. The information on this page is for general guidance only and should not be relied upon as a substitute for advice from a regulated solicitor. Conveyancing law, forms and practice can change, and how the law applies will depend on the facts of each case.

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