Selling a house comes with responsibilities, not least the legal obligation to disclose certain information to potential buyers. These disclosures of relevant information build trust between the seller and the buyer, and can make a transaction simpler and more straightforward. They may also be a legal requirement, and failure to disclose problems or certain information can lead to severe repercussions.

Thankfully, the law is fairly clear on the types of major issues that sellers must disclose when selling a house. If you are not yet ready to sell, learning more about this can offer an opportunity to address concerns and mitigate any impact that major defects or concerns could have on the value of your property.

At JMW, our expert conveyancing solicitors work for both buyers and sellers in residential sales, and have a wealth of experience in advising clients on the material information they legally have to disclose to enable a buyer to make an informed decision. Here, we outline what to disclose when selling a house, and how a solicitor can help you to avoid future disputes.

How to Disclose Issues: The Property Information Form

One of the key documents in the house-selling process is the property information form, commonly known as the TA6 form. This form is usually filled out by the seller and sent to the buyer's solicitor to review, and plays a key role in formalising disclosures. It should be sent at an early stage, so that a prospective buyer can consider details that might affect the value of the property or their intended uses.

The TA6 form requires sellers to provide details about the property under various categories, including but not limited to:

• Information on property boundaries
• Shared areas with neighbours
• Changes made to the property, such as extensions
• Guarantees and warranties affecting the property
• Disputes or complaints involving neighbours
• Planning permission details concerning the area around the property
• Environmental matters
• Building insurance details
• Known structural issues

Filling out the TA6 form with honesty and to the best of your knowledge is not just advisable but legally imperative. If buyers discover concerns that should have been obvious but which were not disclosed prior to completion, they may be in a position to take legal action against the seller.

Does the Seller Have to Legally Disclose Problems?

The information you must outline in the property information form goes beyond just details of the property and includes any structural concerns or environmental issues that could affect the property or the area. When selling your house, there are several key issues that you are legally obligated to disclose to potential buyers, because these issues can significantly impact the value of the property and the buyer's decision to proceed with the purchase. While this can make it difficult to sell your property (particularly where there are direct concerns posed by nearby land), the consequences for failing to disclose the following information can be much more serious.

The most important issues that must be disclosed include:

• Flooding issues: if the property has a history of flooding or is situated in a flood-prone area, this must be disclosed.
• Structural issues: any known structural problems, such as subsidence or damp, must be disclosed.
• Proposals for nearby development: if you’re aware of any planning permissions or proposals for development in the vicinity that could affect the property's value or the quality of life for the residents, this information must be shared.
• Pest infestations: a history of pest infestations, such as rats or termites, should be disclosed to the buyer.
• Asbestos and other hazardous materials: if the property contains asbestos or other hazardous materials, appropriate documentation should be provided.

Being transparent about these issues not only fulfils your legal obligations but also builds trust with potential buyers and makes the selling process smoother. The conveyancing experts at JMW will provide advice on whether a particular issue needs to be disclosed when selling a house, and outline the risks of only giving positive information about the property to the buyer's solicitor.

Disclosing information about neighbours

While they may seem like private matters, you must also disclose information about any disputes or complaints involving neighbours. Issues such as boundary disputes, noise complaints, or any other forms of anti-social behaviour should be shared with prospective buyers. Failure to disclose such information could lead to legal action against you, as it could materially affect the buyer's decision to complete the purchase. It's always better to be upfront about any neighbour-related issues to avoid complications down the line.

How to Reassure Potential Buyers

Being transparent about the property's condition and history is not just a legal requirement but an opportunity to build trust with potential buyers. While you may be concerned that some disclosures will be off-putting, both you and your estate agent can work to put buyers at ease and make your honesty an asset, rather than a reason for a sale to fall through.

Here are some tips to reassure buyers:

• Provide evidence for resolved issues: if you've fixed structural problems or resolved disputes with neighbours, provide documentation to prove it. This can include repair invoices or written agreements.
• Offer a home report: a home report, which includes a property survey and an energy performance certificate, can provide an unbiased view of the property's condition.
• Be open during viewings: use the opportunity of property viewings to discuss any issues openly. This can help you gauge the buyer's concerns and address them proactively.
• Consult your solicitor: before making any disclosures, consult your solicitor to ensure you are meeting all legal requirements.

By taking these steps, you can reassure potential buyers and pave the way for a smoother, more transparent selling process.