Seller hiding property problems

Hello there! I am Gemma, a friendly legal assistant here at Lawyer Destroyer. Finding hidden problems after you have bought a property is incredibly frustrating, but I can certainly help explain your options under the law of England and Wales.

The legal position:

When buying a property in England and Wales, the general rule is buyer beware. This means the buyer is responsible for finding out about the condition of the property before they commit to buying it. A seller does not have a general legal duty to volunteer information about every flaw or defect.

However, a seller is not allowed to lie, give false information, or actively conceal a defect to trick you. If they were asked a direct question about a problem, or if they filled out the standard Property Information Form, usually known as a TA6 form, incorrectly, they may be guilty of misrepresentation.

If a seller has misrepresented the property to you, and you relied on that false information when deciding to buy it, you may have a legal claim against them. The usual outcome of a successful claim is that the seller has to pay you compensation, which is normally the cost of fixing the problem or the difference in the property's value.

Missing facts to consider:

To know exactly how strong your position is, it would be helpful to know what the specific problem is, when you bought the property, what the seller ticked or wrote on the TA6 form, whether you had a professional survey done before exchanging contracts, and how much it will cost to put the problem right.

Practical next steps:

1. Gather your evidence
Start by digging out the TA6 Property Information Form that the seller completed during the buying process. Look carefully at what they answered regarding the problem area. Collect any emails, texts, or property particulars from the seller or the estate agent, and take clear photographs and videos of the hidden problem.

2. Get quotes for the repair
You will need to know the financial value of the problem. Ask a couple of independent tradespeople or specialists to give you written quotes to fix the issue. This will form the basis of your claim for financial compensation.

3. Check your survey
Look at the survey you had done before buying the property. Did the surveyor spot the issue or warn you about it? If they missed something obvious that a professional should have seen, your claim might actually be against the surveyor for professional negligence, rather than the seller.

4. Write to the seller
Before taking any formal legal action, write a clear and polite letter to the seller. Explain the problem, point out where they provided incorrect information, and state how much it will cost to fix, including copies of your quotes. You might also want to contact the conveyancing solicitor who handled your purchase, as they can sometimes review your file and send an initial letter on your behalf.

5. Consider mediation
If the seller refuses to pay or denies doing anything wrong, going straight to court is rarely the best option. Court proceedings can be slow, expensive, and stressful. Mediation is a great practical alternative where an independent person helps both sides agree on a fair financial settlement without stepping foot in a courtroom.

6. Court action
If all informal attempts fail, and the cost of the repair makes it worthwhile, you could consider taking the seller to the County Court. If your claim is for less than 10,000 pounds, it will usually be allocated to the small claims track, which is designed to be simpler and less risky for individuals to use. For larger amounts, the process becomes more complex and carries a higher risk of having to pay the other side's legal costs if you lose.

I hope this helps give you a clear roadmap of what to do next. Let me know if you would like to explore any of these steps in more detail!