In many ways, much of the conveyancing work starts with the seller completing the Property Information form (also known as the TA6). They complete the form which is then passed to the buyer’s solicitor.
Once the buyer’s solicitor – and the buyer – has the form, it can then be examined to find out about various essential matters, such as, for example, whether the property has central heating or damp proofing with appropriate guarantees.
Depending on what is – or is not – completed in the form, the buyer’s solicitor may then commonly raise further enquiries and direct these to the seller’s solicitor and the seller. This is a clear reason why it is important to fill in the form as accurately and fully as possible: omissions and errors may well trigger further enquiries which will slow down the overall conveyancing process.
Reasonable speed in completing and returning the form is also highly important: it is very common that conveyancing processes are held up while waiting for the seller to complete and return their Property Information form.
After the essential information is filled in at the start of the form (namely property address, name of seller, seller’s solicitor’s name, email and reference number), there are a number of ‘instructions to the seller’.
A seller should:
- complete the form to the best of their knowledge;
- provide all supporting evidence they hold in relation to the property
- not include information they know to be incorrect – In addition to the possibility that a buyer might pull out as a consequence, it is clearly stated that ’the buyer may make a claim for compensation from you’; and
- not exclude information that they know should be included.
The instructions make clear that a seller cannot be expected to have ‘expert knowledge of legal or technical matters’ nor ‘matters that occurred prior to their ownership of the property’. A seller is advised to tell their solicitor immediately if they become aware of ‘any information’ which would alter replies that have been given and must not change any arrangements concerning the property (e.g. with a tenant or a neighbour) without advising their solicitor.
If you are in the process of buying or selling a house, get in touch with our residential conveyancing team on 01904 624903 who will be happy to provide you with a no obligation quote.