Selling your house is just not about finding a buyer and signing a contract. A seller must follow certain legal obligations to ensure a fair transaction. These legal obligations include any factors that might help the prospective buyers to make an informed decision. As a seller, you must disclose both positive and negative information about the property to potential buyers.
Disclosing only the property’s positive aspects might be tempting, but keeping the negatives hidden can lead to certain consequences. Some examples are financial penalties, legal disputes, or the collapse of the sale. Therefore, understanding what needs to be disclosed is important for ensuring a smooth house sale.
This blog will focus on the critical disclosures that sellers must make before selling the house. From standard information to specific disclosures, we will cover everything you must disclose for a fair and hassle-free transaction. Let us begin!
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What Do Sellers Have to Disclose?
One of the main points while selling a house is honesty. As a seller, you must be honest and disclose both positive and negative details about the property. Disclosing all the information ensures transparency and allows buyers to make an informed decision. The information about the property is generally disclosed in the Property Information Form (TA6), which is a part of the conveyancing process.
What do you mean by Caveat Emptor?
The famous Latin phrase “Caveat Emptor” means ‘let the buyer beware.’ This principle of ‘caveat emptor,’ or ‘buyer beware,’ means the buyer must know everything about the property and purchase property at their own risk.
Effectively, this principle means the seller is not legally bound to disclose the information as it is the buyer’s responsibility. However, selling a house falls under the Consumer Protection Against Unfair Trading Regulations.
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What is a TA6 Form?
The most common thing a seller needs to do is fill out the Property Information Form (TA6). The TA6 allows sellers to give prospective buyers detailed information about the property. This form includes all positive and negative aspects of your property. Failing to disclose all the information in TA6 can lead to consequences under the Misrepresentation Act.
What must I legally disclose to a prospective buyer?
The TA6 form lets sellers provide information about the property under different categories. The categories under the Property Information Form include the following:
- Details about the property boundaries that disclose the property limits and boundary features
- Formal and informal agreements for the shared areas with neighbours.
- Any disputes with the neighbours, including neighbours who are not adjacent
- Any changes to the property, such as alterations and extensions.
- Planning permission and control completion certificates
- Details about building insurance
- Guarantees and warranties affecting the property
- Occupiers of the property, if any
- Environmental concerns
- Council Tax
- Neighbourhood issues such as noise complaints, etc
- Utility connections and other services like drainage, sewage, heating, electricity, water, etc.
- Structural and maintenance issues concerning the property
- Proposals for development and construction, if any.
Fixtures and Fittings Form (TA10)
The TA10 Form outlines a list of all the fixtures and fittings included in the sale. This form allows sellers to avoid future misunderstandings about what stays and what the seller takes.
Title Deeds and Ownership Documentation
As a seller, you must provide all the relevant title deeds, such as ownership evidence, rights, etc. For instance, the documentation includes the Lease(if any), the Land Registry Title, and other paperwork about the property.
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Leasehold Information Form (TA7) (If Applicable)
The TA7 form is required for leasehold properties. With this form, the seller will disclose information regarding the following:
- Lease Term: This information is about the ground rent, service charges and duration of the lease.
- Freeholder Information: This is about any specific rules, restrictions, and other things.
- Additional Costs: Certain costs, such as transfer fees, the cost of extending the lease, and other costs, must be disclosed.
Energy Performance Certificate (EPC)
EPC is another legal and compulsory requirement that sellers provide to prospective buyers. This certificate informs prospective buyers about the property’s energy efficiency and any recommendations for improvement.
The Most Important Issues to Disclose
There are a few important issues sellers must reveal before selling their house to prospective buyers, failing to do so could result in legal disputes. These relevant include:
- History and current scenario of flooding issues
- Structural issues related to the property
- Problems with pests
- Any problem with Japanese knotweed
- Motorway within view
- Previous sales of the property
- Any death which occurred at the property
- Neighbours with anti-social behaviour orders (ASBOs)
- Crime in the neighbourhood
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Best Practices for Sellers
If you want to sell your house, following the best practices can help ensure a smooth transaction. To ensure a fair and transparent sale, sellers should:
- Be Honest and Transparent: Sellers should disclose all the information and avoid misrepresentation.
- Consult with Professionals: It is better to consult with professionals like London Solicitors to ensure proper disclosure.
- Maintain a Record: Record all documents and disclosures required during the sale process.
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Conclusion: Get help with London Solicitors
Selling a house involves a list of important legal responsibilities, with disclosing information being a crucial aspect. The details provided by the seller to potential buyers can make a real difference in legal and financial disputes.
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By disclosing all the relevant information, the seller ensures a transparent and trustworthy conveyancing process. The information in TA6, TA10, TA7, EPC, and other relevant documents allows buyers to make an informed decision. Following a proactive approach allows the parties to have a smoother and fairer transaction. Finally, honest disclosures by sellers are the cornerstone of a fair house sale in the UK.
Whether you are planning to buy, sell or re-mortgage a house, London Solicitors can help you wherever you are based. Schedule a call today!
