If you’re selling a property in the UK, honesty really is the best policy. Property transactions rely on transparency, and failing to disclose certain issues can come back to bite you, even after the sale is complete.
In this blog, we’ll walk you through what you’re legally and ethically required to disclose as a seller and why getting it right from the start protects you, your buyer and the transaction.
What Are a Seller’s Disclosure Obligations?
Once a buyer shows serious interest in your property, you’ll be required to complete a Property Information Form (TA6). This legal document is designed to provide the buyer with key details about the property, helping them make an informed decision before proceeding.
Important: If you knowing lie or withhold information, the buyer may have grounds for legal action under misrepresentation law.
Key Things You MUST Disclose
- Disputes & Complaints
- Neighbour disputes (past or ongoing)
- Complaints to or from the council.
- Issues with boundaries or access.
2. Alterations & Building Work
- Extensions, conversions or structural changes.
- Whether planning permission was obtained.
- Any problems with workmanship or unresolves snagging issues.
3. Environmental Issues
- Flooding (past or risk of)
- Japanese knotweed (even if previously treated)
- Contamination or subsidence history.
4. Utilities & Services
- Shared drains or private sewage systems.
- Solar panels.
- Problems with water pressure or electricity supply.
5. Warranties, Guarantees & Insurance Claims
- NHBC warranty (for new builds)
- Damp proofing or double-glazing guarantees.
- Past insurance claims for damage.
6. Leasehold Details (if applicable)
- Ground rent and service charge costs.
- Disputes with freeholder or management company.
- Lease length and any recent reviews.
FAQs
What If You Don’t Know the Answer to a Question?
If you genuinely don’t know the answer to something on the form, it’s better to be honest than guess. Answering ‘unknown’ is acceptable if true – but misleading or vague answers can delay the sale or create future legal problems.
Can Buyers Still Ask Questions?
Yes, buyers (or their solicitors) can raise pre-contract enquiries such as specific questions based on your disclosures. Your conveyancer will help you to answer them accurately.
What Happens If I Don’t Disclose Something Important?
Failing to disclose important information about your property can have serious consequences. It can lead to delays in the sale process as issues that are uncovered late, often require extra time to resolve. In some cases, buyers may attempt to renegotiate the price mid-transaction if new problems come to light. Even worse, if a buyer suffers a financial loss due to undisclosed issues, you could face legal action after the sale has completed. Being upfront from the start helps avoid costly setbacks and protects you legally.
How Can I Make the Disclosure Process Easier?
To make things smoother, start by getting your paperwork in order – such as planning permissions, guarantees and warranties. Be honest about any known issues, even minor ones. Most importantly, work with a proactive and experienced conveyancer who can identify risks early and guide you through what to disclose.
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