If you are selling a property, you may be wondering whether there are aspects of the property that you legally have to disclose. The short answer is yes. Potential buyers want to be sure that their investment is sound, so it is important to declare any factors that would impact their decision to continue with the transaction.

This information should be declared in the TA6 form, which is to be completed as part of your conveyancing process.

What is a TA6 Form?

The TA6 (commonly known as the Property Information Form) is for a seller to give the prospective buyer detailed information about the property. On this form it is imperative that all positive, and negative aspects of your property are declared. Failure to do so is unlawful which could result in you facing prosecution under the Misrepresentation Act.

 What must I legally disclose to a prospective buyer?

Whilst you will want to make your home appear to be as desirable as possible in order to sell your property, there are legal obligations. You must disclose the following on your TA6 form:

• The property boundaries between neighbours and any Party Wall Act notices which has been served or received.
• Whether the property has ever flooded.
• Any building works which are in progress or recently completed, and if the correct building regulations were obtained.
• Any disputes with neighbours.
• Notices or proposals (for example, from the local council).
• Details of building insurance.
• Rights and informal arrangements, including: access rights, shared use, and any obscure local laws.
• Parking availability and rules for the property.
• If the property is sold with existing tenants, details of the occupiers must be provided.
• Services including: electricity, central heating, drainage, and sewage details.

What is Caveat Emptor?

‘Caveat emptor’ is a Latin phrase that translates to ‘let the buyer beware’. It means that prospective buyers purchase property at their own risk and are warned to do their research.

Although the seller must disclose any known issues relating to the property, the seller is not responsible for any issues the purchaser encounters once the sale has completed. It is because of this that we highly recommend anyone buying a property to arrange a survey before contracts are exchanged.

How we can help

Whether you are looking to buy, sell or re-mortgage your home, we have a friendly, dedicated and specialist property team that can assist you wherever you are based.

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