Selling Your Home in London: What to Disclose and Why It's Crucial

by Richard Greene & Bhavi Bhudia
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Selling a home can be a complex process, especially in a bustling market like London. At Elite International Real Estate Limited, we understand the importance of transparency in property transactions. When selling your home, it’s vital to disclose any issues upfront. This not only fosters trust but also ensures compliance with the law, preventing future disputes.

In this article, we’ll explore what you need to disclose when selling your home, the legal requirements, and what you can do if you’ve bought a property and discovered unreported issues.

 What to Disclose When Selling Your Home

When selling your home, transparency is key. Disclosing known issues can prevent complications during and after the sale. Here are some common issues you should disclose:

1. Structural Problems: Any known issues with the foundation, roof, or structural integrity should be reported.
2. Damp and Mould: Presence of damp, mould, or any history of water damage.
3. Pest Infestations: Current or past problems with pests like termites, rodents, or other infestations.
4. Plumbing and Electrical Issues: Any significant problems with plumbing or electrical systems.
5. Legal Disputes: Any ongoing legal disputes or boundary issues involving the property.
6. Renovations and Extensions: Details of any renovations or extensions, including whether they have the necessary planning permissions and building regulations approval.
7. Environmental Hazards: Presence of asbestos, lead paint, or other environmental hazards.
8. Neighborhood Issues: Known issues with the neighbourhood that could affect the desirability of the property, such as noisy neighbours or ongoing construction projects.

 Why It’s Important to Be Upfront with Any Issues

Being transparent about any issues with your property is crucial for several reasons:

1. Legal Compliance: In the UK, sellers are legally required to disclose certain information to potential buyers. Failure to do so can lead to legal action.
2. Trust and Transparency: Full disclosure fosters trust between you and potential buyers, leading to smoother transactions.
3. Preventing Future Disputes: Disclosing issues upfront can prevent future disputes and potential lawsuits from buyers who discover problems after the purchase.
4. Accurate Valuation: Being honest about your property’s condition ensures an accurate valuation, avoiding unrealistic expectations and potential deal breakdowns.

The Law About Disclosure

In the UK, the law requires sellers to provide accurate and truthful information about their property. The Property Misdescriptions Act 1991, although repealed, set the precedent for honesty in property sales. Now, under the Consumer Protection from Unfair Trading Regulations 2008 (CPRs), misleading omissions can lead to significant penalties.

Additionally, the Law Society’s TA6 form (Property Information Form) is used during the conveyancing process. This form requires sellers to disclose information about boundaries, disputes, notices, and environmental matters, among other things.

 What to Do If You’ve Bought a House and Found Unreported Issues

If you’ve bought a house and discovered issues that should have been disclosed, you have several options:

1. Contact the Seller: Initially, contact the seller to discuss the undisclosed issues. They may be willing to resolve the matter amicably.
2. Seek Legal Advice: If the seller is uncooperative, seek legal advice. A solicitor can help you understand your rights and the best course of action.
3. Report to Trading Standards: If the issues fall under misleading omissions as per the CPRs, you can report the matter to Trading Standards.
4. Consider Legal Action: As a last resort, you can take legal action against the seller for misrepresentation. If successful, you may be entitled to compensation for the cost of repairs or the reduction in property value.

Transparency is essential when selling your home in London. Disclosing any issues not only complies with legal requirements but also builds trust and ensures a smooth transaction. At Elite International Real Estate Limited, we are committed to guiding you through the selling process with integrity and professionalism. If you’ve encountered undisclosed issues after purchasing a property, knowing your rights and options can help you address the problem effectively.

For expert advice and assistance with selling your home, contact Elite International Real Estate Limited today.