How Long Are You Liable After Selling a House?

Many sellers assume that once the property is sold, their responsibilities end and from that point on, any issues with the property are the buyer’s problem. However, that’s not always the case. There’s a chance you may still be held liable for certain issues with the property for several years after the sale. If you’ve just completed the sale of your property or you’re just about to, read on to find out if you are liable for anything after selling a house and what you can do about it.

How long are you liable after selling your house in the UK?

The property sales process in the UK is designed to protect buyers from undisclosed damages or issues. Sellers are legally required to disclose any known problems with the property, allowing buyers to claim damages if an issue exists that wasn’t revealed when the sale was completed. This could include structural problems, boundary disputes, or other repair work that needs to be carried out. Typically, a buyer has up to six years to bring a claim against the seller, though in some cases, the time limit may be reduced to three years from when the buyer first notices the problem. 

What is a TA6 form?

The TA6 property information form is part of the conveyancing process and tells buyers all the essential details about your house. Sellers are legally required to be honest when filling this form out. The information given on the form should include:

• Boundaries (and boundary-related issues) 
• Planning permission (or proposed planning in the area)
• Warranties 
• Alterations made to the house 
• Insurance 
• Disputes with neighbours
• Any repairs that need to be made
• Environmental issues (such as flooding etc.)
• Parking

This is not all, anything that might impact your buyer’s decision to purchase the house must be included in the form.

Can I avoid liability after selling my house?

The best way to avoid liability after selling a house is to be transparent and honest about any existing issues with the property. Providing as much information as possible in the TA6 property information form is essential. If you conceal problems, you could face legal disputes and potentially serious fines if you’re found to be intentionally misleading.

Does the buyer have any responsibility?

If you’re buying a house, it’s important to get a home inspection or survey on the property to identify any potential issues. If problems are found during the conveyancing process, the buyer may be able to negotiate a lower price or ask the seller to pay for repairs.

If a fault is discovered after the sale is completed and the seller knowingly hid it, the new owner may be able to take legal action and fine the seller. However, if the issue was missed during the conveyancing process, or the buyer did not get a survey carried out on the house, they may not be able to seek legal recourse.

What can I be held liable for?

If you’re wondering what you can be held liable for after selling a house in the UK, there are three main areas to consider. You could be held responsible in court if any of the following apply:

Misrepresentation

This occurs when the seller provides false or misleading information about the property that influences the buyer to go ahead with the sale. There are three main types of misrepresentation:

• Fraudulent misrepresentation: This is when the seller knowingly gives false information about the property to encourage the buyer to purchase. For the buyer to claim this, they have to prove that the seller acted fraudulently.
• Negligent misrepresentation: When the seller makes misleading statements without knowing if they’re true.
• Innocent misrepresentation: This is when the seller makes a false statement but believes it to be true.

Misdescription

Misdescription is when the seller provides an inaccurate property description about the property’s size, characteristics or boundaries (this description could be on the TA6 form). In general, if a seller makes a minor misdescription the buyer cannot take legal action.

Defects in the property

If there are structural issues like problems with the walls, roof, or foundations that make the property unsafe, or if there are functional defects like faulty wiring or plumbing that require expensive repairs, the seller could be held responsible.

For cosmetic defects such as peeling paint, minor wall cracks or scuffed floors that don’t affect the safety of the property, the seller is not usually liable. However, as they make the property less appealing visually, sellers should try to fix these problems before putting their house on the market.

In short, if you misrepresent, misdescribe, or fail to disclose defects in the property, you could still be liable after the sale.

Am I liable for repairs after selling a house?

It’s important to know your rights and responsibilities as a seller in the property process when it comes to repairs. Here are some things to remember:

• Negotiate with the buyer: After a property inspection, the buyer and seller can agree on who will pay for repairs. The seller might agree to fix the issue, reduce the price, or the buyer might choose to handle the repair themselves.
• Consumer protection laws: Under UK consumer protection laws, buyers can request repairs for up to six years after the sale is completed, but only for problems that existed at the time of sale. If the damage occurred after the sale (for example, from wear and tear or someone else), the seller is not responsible.
• Buyer’s responsibility: Once the sale is complete, the buyer is responsible for any issues or repairs, unless the seller misrepresented something about the property.
• Legal claims: The new owner cannot make a claim against the seller without providing sufficient evidence. The new owner must prove the issue existed before the sale.

It’s essential for sellers to understand their legal obligations throughout the property sale process to avoid paying for any repairs. If there are concerns at any stage, seek professional legal advice.

Bottom line: be honest 

When selling a house, honesty is crucial. Make sure you tell buyers about every aspect of the property, including any repairs that need to be made. Remember that you can be held liable for up to six years after the sale, and could face serious penalties if you are found to be dishonest or misleading during the process.

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