How Long After You Sell a House Are You Liable in North West London?

The last interaction most sellers will have with their buyer is on moving day, but that’s not always the case. If the buyer finds fault with the property in the following years, they may have grounds to take legal action and claim for damages.

How long are you liable after selling your home in Queens Park, West Hampstead or Kensal Rise? It’s a complex subject, but we’ve prepared this guide to give you an outline of the rules. Read on to find out how long you are liable after selling a house – and what you can do to protect yourself.

Are sellers held liable for faults after the property sale?

Sellers can be liable for six years after selling a house in the UK, or 3 years after detection for certain issues. Buyers can take legal action and claim compensation, so seek legal advice as a priority.

Liability after selling a house guide

The seller can have liability after selling a house – but not always.

What are you liable for post home sale?

Sellers may be liable for misrepresentations or omissions of information about the property and its condition, such as undeclared defects, environmental hazards, unpaid bills or outstanding mortgage payments dating back to the seller’s ownership.

What are you not liable for after the sale?

Sellers are generally not liable if there’s good reason to believe they were unaware of the defect, and minor differences in the likes of dimensions tend to be overlooked. Neither are sellers liable for changes in the property value over time, or alterations made by the new owners.

What can home sellers be found liable for?

1. Defects in the property

Sellers can be liable for relatively minor cosmetic defects, functional defects affecting the property’s usability and safety, or structural defects, which existed during their ownership. These can be costly to rectify.

2. Misdescription of property

The property description is not an accurate representation, meaning the buyer isn’t getting what they paid for.

3. Misrepresentation of property

The seller has made a statement about the property and its condition that turns out not to be true. However, there are nuances to this:

• Innocent misrepresentation – the seller had reason to believe that their statement was accurate when they made it.
• Negligent misrepresentation – the seller had not verified the facts before offering their statement.
• Fraudulent misrepresentation – the seller purposefully gave misleading or false information about the property.

Thinking of selling your home? This often comes down to what not to fix when selling a house, and a solicitor from our list of the best conveyancing solicitors in north west London can advise on your position.

How to protect yourself from liability

1. Specify any known faults

Be upfront with your estate agent so they can create an accurate property listing for potential buyers, and be honest about issues with the property during the conveyancing process – even if you are selling the property on a sold ‘as seen’ basis.

2. Keep records

Retain proof of payments made, warranties, repair details, and inspection records in case the buyers challenge anything after the sale.

3. Hire a professional conveyancer or solicitor

Buyers and sellers should both engage a good conveyancer or conveyancing solicitor to avoid problems during or after the property sale.

4. Fill out the TA6 Form thoroughly

The TA6 Property Information Form is your opportunity to disclose information on any faults with the property. Issued by the Law Society, it allows you to detail the likes of:

• boundary disputes
• disputes with neighbours
• warranties for work completed
• flooding
• Japanese Knotweed
• management fees
• parking arrangements

Legal protections for home sellers

We’ve discussed liability for problems with the sold property, but there are also legal protections for home sellers.

1. The ‘caveat emptor’ principle

Named from the Latin phrase meaning ‘buyer beware’, the caveat emptor principle means that buyers take some responsibility for finding out what they are actually buying.

2. Contractual disclaimers

Sellers can include legal disclosures and disclaimers to cover your liability.

3. Buyer due diligence through surveys

Potential buyers should arrange a home survey by a professional surveyor as part of their own due diligence, to detect issues.

4. Liability insurance for sellers

Your solicitor or conveyancer can help with arranging indemnity insurance to cover issues that you can’t resolve, such as changes to the property that you no longer hold documentation for.

Thinking of selling your home? If your sale is part of how to sell a house when splitting up, it’s especially worth understanding your liabilities post-completion.

How long after you sell a house are you liable for faults?

According to the Misrepresentation Act 1967, home sellers can be liable for problems for 6 years after the property sale – or 3 years after the buyer uncovers the fault, in certain situations. If you have any concerns during or after the sale process, professional advice is the best way forwards.

Understand the rules about liability when selling a house?

Are you planning to sell a property in Cricklewood, Neasden, Willesden Green or elsewhere in North West London? At Portland, we put the client first. Contact us today to find out how we can help.