Common questions when selling your home
Residential property solicitor Martin Whitehorn discusses some of the common questions brought up by buyers’ solicitors when selling a home.
Japanese knotweed
When selling your home, you will be asked to complete The Law Society’s Property Information Form. One of the questions is about the presence of Japanese knotweed at the property and this was a key point in a recent case in which the buyer won and the seller had to pay £32,000 in damages for misrepresentation, having ticked ‘No’ on the form.
We always explain to our clients that ‘Not known’ should be ticked where you are not aware of the presence of Japanese knotweed, unless you are qualified to recognise it.
Planning permission
Whether works to the home have had the necessary planning permission is a common point that needs to be checked. The time period for councils to enforce breaches of planning permission was recently extended.
It is all the more important to get this right for listed buildings. Listed building consent is separate from planning permission and there is no limitation period for listed building consent breaches.
Whether planning permission or listed building consent, it is important that clients check with us their position before taking action.
Building regulations
A key concern for any buyer is whether works carried out to the property comply with certain standards especially safety, so building regulations completion certificates are important evidence of this.
Records may be held by the council or depending on the works recorded in other registers like FENSA (Fenestration Self-Assessment Scheme), NICEIC (National Inspection Council for Electrical Installation Contracting), Gas Safe and HETAS (Heating Equipment and Testing Approval Scheme) to name a few. Again, clients should check their position with us before taking action.
Timescale
The Property Information Form also asks if there are any special requirements about when to complete the sale. For example you may have a deadline for school applications. It is also an opportunity to highlight where you may not be able to complete yet, like waiting for the Grant of Probate from the Probate Registry.
Items included in the sale
A separate form called a Fittings and Contents Form is used to clarify what items are included in the sale. The Fittings and Contents Form is attached to the sale contract so it is important to get it right.
Items not included should be removed by completion. While it can be tempting to ask for additional money for certain items this might not be practical in every case. To give one example you may find it more convenient to just leave oil in an oil tank rather than negotiate a price with your buyer, as they can always say no and require you to remove it at your own expense.
Burley Geach can assist clients with a variety of property transactions. To get in touch with us, simply get in touch with our team or complete our enquiry form.
