If you are selling your property the buyer will normally ask you questions about it before buying it. Your conveyancing solicitors will send you the buyer’s “ Property Information Form” and ask you to give answers to those questions that you can.
There are so many things to think about when selling your home filling out a tiresome form, perhaps at the end of the day when tired, can be a chore. It is important to remember that these answers do have a legal status so if you have any doubts about how to answer you must ask your conveyancing Solicitor to advise you on giving the right answer.
It is a good idea to set aside a time when you are fresh rather than tired to fill the form out and not rush any answer.
The important thing is if you any doubts about whether you are giving the right answer then talk to your property Solicitors about it. You can receive guidance on how to answer correctly.
The temptation to give a misleading answer to Question 2 of the form has caused problems for some Sellers in the past. Question 2 is about disputes with your neighbours. The question is in three parts asking if you know of any dispute or “anything that might lead to a dispute” about your property or any neighbouring property. Secondly if you have complained to your neighbour or thirdly has your neighbour complained to you.
If the correct answer to any of these questions is:Yes- then you are required to give details about what has happened.
The law recognises that these answers are important to a buyer so if one is misleading and the buyer relied on it the Seller may be required to compensate the buyer for it being inaccurate. The buyer may also have the right to rip up the purchase agreement and have all the money back.
So if you have a dispute with a neighbour and it is resolved what should you do with one eye on selling your property in the future? The answer is to document your agreement with your neighbour that the dispute has been settled and on what terms. If the two of you have agreed an adjustment to a boundary make sure both your legal titles show that. Then when answering a question on neighbour disputes you can show your buyer what took place but that it is no longer a problem.
Whether you’re buying or selling a house or flat, contact our specialist property lawyers in Andover on 01264 364433 or Salisbury [01722 422300] today.