CPRs (consumer protection regulations) require that sellers must disclose any pertinent information about the property that could influence the decision of a buyer.
This list gives an indication as to the type of information that needs to be shared:
- The reason why previous sales have fallen through (within reason)
- Any issues that were highlighted in previous surveys i.e. subsidence
- All pending, rejected or approved applications for planning permission
- Any proposals for development or construction in the nearby vicinity
- Whether the property is located below a flightpath
- If a motorway is within sight of the property
- If a substation or power plant is nearby
- Any known structural problems with the property
- Any public rights of way passing through the grounds
- Any ongoing problems with neighbours, such as boundary disputes
- Knowledge of neighbours who have been served an Anti Social Behaviour Order, (ASBO).
- Knowledge of any burglaries in the area recently
- If there have been any suicides or murders committed in the property
- Any outstanding debts against the property, such as Green Deal loans.
- Any known pests or bats nesting inside the property
- If there any problem weeds such as Japanese Knotweed
It is crucial to be truthful with all information provided. Whether or not some information is thought to be relevant may depend on each individual property, so if in doubt speak to your estate agent.
Photos and floorplans used to promote the property must accurately reflect the property. They cannot be misinterpreted. Your estate agent will usually ask you to approve the brochure for your property.
Green Deal loans
The Green Deal loan program can pay for certain home improvements that improve the energy efficiency of your home. These loans can be paid off over time by a surcharge being added to the relevant utility bill.
The debt that remains after a homeowner sells their house does not pass with them. It is still associated with the property. Prospective buyers should be made aware of such a debt as the new owner will become liable for it.
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Disclosure when selling – FAQs
Why do I need to disclose issues with the property?
Consumer protection regulations aim to make sure buyers have accurate information before they decide to proceed. If you know something that could affect a buyer’s decision, your solicitor will usually advise that you share it clearly rather than risk problems later.
Do I have to disclose historic problems that have been fixed?
Often it is still sensible to mention previous issues, especially if they appear in older surveys or paperwork. You can also explain what remedial work was carried out. Your solicitor can help you understand what is proportionate in your circumstances.
What happens if something comes to light after the sale?
If a buyer later discovers information that they believe should have been disclosed, it can lead to difficult conversations and, in some cases, legal disputes. Being open with your solicitor from the outset helps them to advise you on the best way to present information.
Should I talk to my estate agent or my solicitor about disclosure?
Both have a role, but your Scottish solicitor is usually best placed to advise on the legal implications of disclosure and how to word things in the sale documentation. If you are in any doubt, it is safer to raise the point with them.