Selling Your House: Information For Buyers…

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What information does the Seller have to give a Buyer?

As part of the buying and selling process, enquires will be raised in respect of the property. A Property Information Form (TA6) will then be completed.  If you are selling a property you will be asked to complete this and it will then be forwarded to your buyer as part of the contract documentation.

The form makes it clear that the buyer is entitled to rely on the replies given. So it is really important that the answers given are accurate.  If you give incorrect or incomplete information to the buyer, the buyer may be able to make a claim for compensation or refuse to complete the purchase.

 

But what if you do not know the answer?

If you do not know the answer to any question, you must say so.  And if you are unsure of the meaning of any questions or answers, then you should ask your solicitor.

If you answer an enquiry with “not so far as the seller is aware”, this will imply that you and your solicitor have made adequate investigations and have no actual knowledge of any defect or issues.

 

What is adequate investigation?

This may cover your personal knowledge as well as the contents of any files, deeds and other documents that are held by your solicitor and any other reasonable investigations.

 

As a Buyer can I rely on the answers given?

As a Buyer you must check the form carefully. Whilst you can rely on the information given, you must also carry out your own investigations and enquiries. This is important if the seller has answered “not known” in the property information form.

 

Can the Buyer raise further enquiries?

If further enquiries need to be raised, then your solicitor must only raise those enquiries which are relevant and necessary to the property.  Enquiries which are capable of being ascertained by your own enquiries, searches, survey or personal inspection are discouraged.

The Law Society have prepared some guidance notes to help sellers to understand the information that is being requested in the  Form TA 6. They have also provided  some example answers. As a buyer you may also find the notes helpful… https://www.lawsociety.org.uk/support-services/advice/articles/ta6-property-information-form-explanatory-notes/

 

Post written  by Lisa Collett

March 2019

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