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Residential Property Sellers – beware of inaccurate property information forms

Sellers of residential properties are required to complete and provide the prospective buyer with a property information form (form TA6), which gives the buyer detailed information about the subject property being sold. The form contains sections relating to planning permissions, building regulations, flooding risk, environmental issues, and so on, which the seller is required to complete to the best of their knowledge.

As a recent court case has highlighted, if you give incorrect information to the buyer on the TA6 form, the buyer may sue you for misrepresentation under the contract of sale. It is therefore imperative for any seller to ensure they complete the Property Information Form correctly.

In this case, the buyer of a West London property discovered Japanese Knotweed in the garden of the property he purchased in August 2018. The seller had ticked ‘no’ on the TA6 form to the question asking if the property had been affected by knotweed. Japanese Knotweed is an aggressive weed that spreads rapidly and can cause structural damage to property. It can cost thousands of pounds to have it removed by professionals and can make it difficult to secure lending on the property.

The buyer in this case has successfully sued the seller for tens of thousands of pounds.

We urge all sellers of residential properties to provide accurate and precise information in the TA6 forms or risk being sued later down the line. If you do not know the answer – do not provide one!

Please see link to read more on the case here: https://www.telegraph.co.uk/news/2023/01/25/200000-knotweed-payout-homeowner-who-found-plant-behind-dream/

If you require any assistance with residential property matters, please email us on fla@adcocks.com or call us on 01543 442 100.

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