Honesty is the best policy when it comes to selling a property

A Warrington-based residential conveyancing specialist is urging people selling a property to be as open and honest as possible when filling in important documentation to avoid unwanted legal action.

The Law Society’s TA6 seller’s property information form is a document that must be completed when selling a property and includes questions that the buyer needs to know the answers to.

Containing crucial intelligence, such as compliance with building and planning applications, the supply of services, flooding, parking arrangements, and information relating to Japanese knotweed and septic tanks, it is crucial that the subjects are responded to in good faith.

If answers given are proven to be incorrect, then a fraudulent misrepresentation claim could be made against the seller.

Fraudulent misrepresentation occurs when a false representation has been made knowingly, or without belief in its truth, or recklessly as to its truth.

There are two outcomes of a fraudulent misrepresentation claim.

Recission sees the contract completely reversed with the parties returning to their original positions as if no agreement had ever been made.

Alternatively, damages can be awarded with the main aim to place the parties in the position they would have been had the misrepresentation not been made.

Watsons Solicitors partner and residential conveyancing specialist Chris Illingworth insists that problems can be avoided from the outset if information is correctly reported.

Chris said: “It sounds extremely simple, and it should be, but being as open and honest as possible is the key to avoiding any issues further down the line.

“Lying or concealing information could result in a hefty court case, especially if there’s something you don’t declare, and it can be proved that you withheld knowledge.

“If there is a grey area surrounding the reporting of certain intelligence, and you are sat thinking ‘should I, shouldn’t I?’ The answer is that you definitely should.

“For example, if you know that the people next door are fixing cars and revving engines late at night, then mention it because no extra information is immaterial.

“If there are any grey areas then speak to a conveyancer, who can give you a steer on how best to move forward.”

Japanese knotweed – one of the world’s worst invasive species according to the World Conservation Union – is one such topic that needs to be carefully answered.

As stated on the Law Society’s website, if you are unsure that Japanese knotweed exists above or below ground, or whether it has previously been managed on the property, you must indicate this as ‘not known’.

Previously, when selling a property with no known history or visible signs of Japanese knotweed, it was perfectly acceptable to answer with ‘no’.

Chris added: “Unless absolutely certain that there is no Japanese knotweed, people are encouraged to tick the ‘not known’ box.

“The changes to the documentation have allowed people to be as honest as they possibly can, and that’s the key to any property transaction.”

To speak to someone at Watsons Solicitors about conveyancing, please contact enquiries@watsonssolicitors.com or call 01925 571212.

Cheshire-based Watsons Solicitors, which has been established for more than 60 years, specialises in family law, employment law, wills and probate, and conveyancing.

The team of experienced solicitors holds various accreditations and memberships of professional bodies relevant to their expertise, while the firm’s partners oversee all areas of work.