You’ve decided to put your house on the market and instructed your solicitor.
The joy quickly turns to despair as a number of forms are sent to you to complete. You don’t know where to start. There’s a client care letter, ID verification forms, and protocol forms (Property Information, Fixtures and Fittings and Leasehold Information).
We aren’t being awkward when we send you these forms. In fact, protocol forms are documents which have been prescribed by the Law Society and provide guidance in respect of sale and purchase transactions.
It is extremely important that you ensure all the information you provide within these protocol forms is accurate to your period of ownership.
Property Information Form – TA6
This form enables you to provide extensive information about the property, including matters from the responsibility of the property boundaries right through to when the boiler was last serviced and who the utility providers are.
Be as honest and accurate as you can in this document. Types of questions that will be raised are as follows:
- Who maintains boundaries at the property
- Any disputes and complaints
- Any guarantees and warranties that are available for the property
- Whether there are any occupiers at the property
- Details of utility suppliers
- Indication of a moving date
Fixtures and Fittings Form – TA10
This form is used to detail what is or is not included within the sale.
You can indicate items which are not included but which you would be happy for the buyer to purchase at an additional cost. Should the buyer want to purchase any items, this will be agreed and you can leave the agreed items at the property on completion. If not, you will need to remove the items on or before the day of completion.
Leasehold Information Form – TA7
This form is required when you are selling a leasehold property. You are asked to complete information about what you pay for services and to whom.
We will also contact the Freeholder/Management Company to obtain a Leasehold Property Enquiries pack which will provide detailed replies.
You may be thinking “but why are these forms so important?”. If you don’t provide accurate information or you provide information which is later found out to be incorrect but relied upon, this will be classed as a misrepresentation, and the buyer could make a claim against you.
An example of this is the recent case concerning an answer of ‘no’ to whether Japanese Knotweed was present:
https://www.independent.co.uk/news/uk/home-news/japanese-knotweed-damage-uk-law-b2269604.html
If in doubt, give us a shout!