If you are considering selling a property then you may not want to declare certain information that you think will put buyers off – it’s an interesting question and we regularly find ourselves having to help make these decisions.
You may consider it to be caveat emptor (also known as ‘buyer beware’), you may have been told by someone else to ignore it. However, there are certain things that you need to be aware of that you must declare or you could find yourself in a bit of trouble later on.
We have answered some questions that we have come across over the last couple of weeks…
“My dog is buried in the garden, do I need to tell my buyers?”
In the USA it is a legal requirement for you to declare any pet burials in your property however, this is not the case in the UK. You may feel it courteous, of course, to let your buyers know just in case they decide to do any landscaping in the garden.
If you have any emotional attachment to your dog/pet then you will have to deal with the fact that they are buried in someone else’s garden once you leave?
It may be that you dig up the burial and transfer your pet/s to your new home or even a pet cemetery.
Having your pets removed would also solve the issue of whether you need to tell your new buyers about them in the first place.
“I have a long running feud with my neighbour, does my buyer need to know?
In the UK, you are legally required to give details of any disputes you have had/are having with neighbours and this doesn’t just include neighbours adjacent to your property.
“Do I need to tell the buyer that someone died in the property?”
There is no legal requirement in the UK for a seller to tell a buyer that someone died in the property. However, we believe that if someone asks then you should be honest and just tell them. If the topic doesn’t come up then you don’t need to say anything – it all comes down to how much the buyer wants to know. It does get asked but most people are OK with it.
You may be asked to fill in a ‘Property Information Form’ (also known as a TA6 form).
This is a general questionnaire for property sellers that you will be given by your solicitor – the form is designed to help the seller give as much detail to the buyer as possible.
For example;
· Any property defects
· Information on boundaries
· Details of disputes with neighbours
· Planning permissions/notices of development
· Alterations and work that has been done on the property with building regs certificates etc – this is a common holdup.
You might be tempted to tell a little white lie on certain questions – please don’t. If you answer a question and a neighbour tells your buyers something different when they move in, they could have very good reason to take legal action.
If you are not sure then please ask your agent or your solicitor – it’s not unusual.
