There are a multitude of things to consider when selling a property and one that often prompts calls to the advice line is ‘what do I need to disclose?’.

Whether it may be the beginning of a water leak or your neighbour having late night parties every weekend, the question of whether to disclose information to a buyer and how much to disclose often causes a lot of worry to sellers.

Although the context of each case needs to be considered, there is legislation that can help answer these questions.

The Consumer Protection from Unfair Trading Regulations 2008 (‘CPRs) prevent a business from making any misleading act or omission that would cause the average buyer to make a transactional decision that they otherwise would not have made. So, what does this mean?

This legislation is applicable to traders and in the context of selling a property, will be relevant to estates agents. They will be under an obligation not to provide misleading information to a buyer and must ensure they do not fail to give a buyer any information that may affect their buying decision. As an agent could be guilty of a criminal offence if they do not follow the legislation, this will shape the information they attempt to gain from you and their processes for updating that information if your property does not sell immediately. This is why, if there is a dispute with a neighbour, sometimes the neighbour may contact the agent to reveal that dispute knowing the agent has no option other than to make the prospective buyer aware.

Even when an agent is not used to sell your property, the information you give to a buyer still has legal consequence. Under the Misrepresentation Act 1967 similar provisions apply. If the buyer of your property relies on incorrect information or failure to give information when deciding to purchase your property, you could be guilty of misrepresentation which could lead to the buyer pursuing a costly claim against for compensation.

Examples of things that need to be disclosed include:

• Any ‘disputes’ with neighbours

What constitutes a ‘dispute’ is open to interpretation. A dispute can be a about a legal issue such as a boundary but can also include anti-social behaviour. It may also include your immediate neighbours and those who may live further away.

• Structural issues
• Previous sales falling through because of negative survey results
• Violent death or crime such as burglary or robbery occurring in the property
• Japanese Knotweed in your garden or neighbouring property.
• Asbestos in part of the property.

This list is not exhaustive and we would recommend giving us a call to discuss particulars in more detail.