The Short Answer
When selling your property, you will be asked to provide information about matters that could affect the buyer's decision to purchase or the way they use the property.
The information you provide should be accurate, complete and honest to the best of your knowledge. If you are unsure about an answer, your conveyancer will be happy to guide you.
Why Am I Being Asked These Questions?
As the owner of the property, you are often the only person who knows certain information about it.
Whilst your conveyancer can investigate the legal title and prepare the contract documentation, there are many matters that only you can answer, such as:
- Whether there have been any disputes or complaints.
- Whether alterations have been carried out.
- Whether you have received any notices affecting the property.
- What fixtures and fittings are included in the sale.
- Information about the day-to-day use of the property.
Providing accurate information helps the buyer make an informed decision and can reduce unnecessary enquiries later in the transaction.
What Sort of Information Might I Need to Disclose?
The exact information will depend on your property, but you may be asked about:
- Boundaries and access.
- Neighbour disputes or complaints.
- Notices or proposals affecting the property.
- Planning permissions and Building Regulations approvals.
- Alterations and improvements.
- Guarantees, warranties and certificates.
- Utilities and services.
- Rights of way or shared access.
- Flooding or environmental matters.
- Leasehold information, where applicable.
Your conveyancer will explain which forms apply to your transaction.
What If I Don't Know the Answer?
It's perfectly acceptable to say that you do not know where that is the honest answer.
You should never guess or provide information you are unsure about. If further clarification is needed, your conveyancer will discuss this with you and advise on the most appropriate way to respond.
What If Something Changes?
Your duty to provide accurate information does not end when you return the forms.
If your circumstances change before completion, for example, you receive a notice relating to the property, a dispute arises, or you become aware that information previously provided is no longer accurate, you should tell your conveyancer as soon as possible.
The buyer may need to be updated before contracts are exchanged or, in some circumstances, before completion.
What Happens If Information Is Missing?
Missing information does not always prevent a sale from proceeding.
Sometimes additional documents can be obtained, further enquiries can be answered, or other solutions may be available.
Your conveyancer will discuss the options with you and advise on the best way to deal with any issues that arise.
Top Tip
If you have documents such as planning permissions, Building Regulations approvals, guarantees, warranties or certificates, gather them together at the start of the transaction. Having these available early can help avoid delays later.
In Practice...
Many sellers worry about disclosing something that they think may put the buyer off.
In reality, most issues can be explained or resolved if they are identified early. The greatest difficulties often arise where information is incomplete, inaccurate or only comes to light later in the transaction.
Being open with your conveyancer from the outset allows us to advise you properly and helps the transaction progress as smoothly as possible.
Did You Know?
The Property Information Forms form part of the contract package sent to the buyer's conveyancer. Buyers are entitled to rely on the information provided when deciding whether to proceed with the purchase, which is why it is so important that the answers are accurate to the best of your knowledge.