Considering selling your house or flat? Lesley Brentnall, conveyancing expert at Brady Solicitors, explains the value in answering buyers’ questions accurately.
If you are selling your property you will usually be asked to complete a pre-printed set of enquiries. During the conveyancing process, the buyer’s solicitor may also raise some further specific queries about the propertyonce they have the results of their searches and have reviewed the title documents supplied by your own solicitors.
Whilst a seller is under no legal duty to provide replies to enquiries raised, it is likely that a buyer would think twice before proceeding if enquiries were left unanswered. When selling your property it is important to ensure that your responses are a true and accurate reflection of your knowledge. This does not necessarily mean that the replies have to be factually accurate, only that you have made a reasonable attempt to check your records or make the proper enquiries before replying to the enquiries.
Avoid a claim for misrepresentation
Although the pre-printed TA6 form that is almost always used in residential sales looks very standard, and is prepared on a predominantly “tick box” basis, an inaccurate response may enable the buyer to bring a claim against you. The claim would depend on the circumstances of the case but would generally be either for misrepresentation or negligent misstatement.
In addition it is not enough simply to complete the form correctly at the outset.
If anything changes that would result in the TA6 form being amended, then the buyer must be informed. This is because your replies, as the seller, to the buyer’s enquiries are treated as continuing up until the point that contracts are exchanged. This is particularly relevant in cases where there is a long period between offer and completion.
Note that the TA6 form also requires the seller to inform their solicitor “immediately” they become become aware of any information that would alter the replies previously supplied.
The obligation is therefore not only to simply inform of any changes but to do so quickly.
Expert help with achieving a smooth sale of your property
Whether your home is leasehold or freehold, the expert conveyancing team at Brady Solicitors can help to make the sale go smoothly. Click here to read more about our conveyancing services or, for help with buying or selling a property, you can call Lesley Brentnall and her team on 0115 985 3450 or click here to send an email.