Call Us Contact Us
Call us on: Free phone 0808 178 2773
(Mobiles can now call 0808 numbers for free)

When it comes to selling your property, you want to make it appear as desirable as possible in order for a quick sale at the correct value. But, what happens if the reason you’re selling is because something bad happened there? Do you have to tell prospective buyers? 

Here our conveyancing solicitors in South Wales discuss your legal responsibilities:  

Do You Have to Tell Buyers a Crime Was Committed in the Property? 

The Consumer Protection from Unfair Trading Regulations 2008 (also known as Consumer Protection Regulations or CPRs), details what a seller must legally disclose when marketing their property. This includes pertinent information that could influence a prospective buyer’s decision. 

Pertinent information could account for any of the following information:    

Why any previous offers have fallen through

Any major problems highlighted in previous surveys

Any pending, approved or declined applications for planning permission

Any proposals for nearby development and construction

Whether the property lies beneath a flightpath, is within sight of a motorway or whether a power plant or substation is nearby

Any public right of ways passing through the grounds

Any ongoing problems with neighbours, including boundary disputes, or any neighbours known to have been served an Anti-Social Behaviour Order (ASBO)

Whether there have been any known burglaries in the neighbourhood recently

Whether any murders or suicides have knowingly been committed in the property recently

Any outstanding debts associated with the property

Any known pests in the property or any known issues with problem weeds

When declaring this information, it is important to be accurate and not to leave any details out as any omissions or misleading information could result in criminal charges being taken against the seller or estate agent. 

Photos or floorplans must also be accurate – otherwise these may be seen as misleading.

 

 

How Do You Determine if Information is Relevant?

There is an element of subjectivity when it comes to deciding what is deemed to be pertinent or relative information and what is not. This is often treated on a case by case basis as there is a substantial grey area when it comes to making these decisions. 

For example, the development of a nearby bar or club may be seen as a benefit to a young first-time buyer, whereas being very close could be seen as a negative to someone with a young family. 

Generally, if a reasonable person would take a piece of information as a negative factor in their decision making process then it should be disclosed. 

If you’re unsure about whether you should declare information about your property, we would always recommend consulting a trained solicitor. 

Whereas, if you have any further questions about the conveyancing process, take a look at our conveyancing FAQs here. Alternatively, discover more about our services and how to get in touch with our knowledgeable team from our conveyancing page

 

Read more: 

Searches for Buying a House: The Need-to-Know Info

What You Need to Know Before Buying a House 

FAQ Series: Can You Claim for Undisclosed Property Issues?

With effect from 15th February 2015 EU Regulations on Consumer Online Dispute Resolution (ODR) allow consumers who bought our services online to submit their complaint via an online complaint portal.

We are required under the regulations to provide our clients the following information:-
  1. Link to the ODR platform - please follow the following link for further information (http://ec.europa.eu/consumers/odr).
  2. Our contact email address in case of a complaint under the ODR regulation – Andrea Coombes andrea.c@howellslegal.com